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PROSECUTION’S REVERSE-BATSON CHALLENGE TO PEREMPTORY JUROR CHALLENGES BY THE DEFENSE SHOULD NOT HAVE BEEN GRANTED, CONVICTION REVERSED (FIRST DEPT).

The First Department, reversing defendant’s conviction, determined that the prosecution’s reverse-Batson challenge to defense peremptory juror challenges should not have been granted:

“[A]lthough appellate courts accord great deference to trial judges’ step three determinations, . . . there is no record support for Supreme Court’s rejection of defense counsel’s race-neutral reasons for striking [two panelists]. The People simply failed to meet their burden that racial discrimination was the motivating factor” … . Defense counsel presented facially race-neutral reasons for challenging the panelists at issue based on their having been crime victims or relatives of crime victims … , and there was no evidence of disparate treatment by defense counsel of similarly situated panelists … . The record otherwise fails to support the court’s finding that the race-neutral reasons given for these challenges were pretextual. People v Bloise, 2019 NY Slip Op 01363, First Dept 2-26-19

 

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