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FAILURE TO PROVIDE RACE-NEUTRAL REASON FOR CHALLENGE TO BLACK JUROR REQUIRED REVERSAL.

The Second Department determined the prosecutor's failure to provide an adequate race-neutral reason for a peremptory challenge to a black juror required reversal:

Here, during jury selection, the defendant made an application before the trial court pursuant to Batson, arguing that the prosecution was exercising its peremptory challenges in a discriminatory manner against prospective black jurors. The prosecutor proffered an explanation for challenging one of the two jurors at issue, stating that it was “just our instincts that we don't feel [prospective juror] number 4 would be a suitable juror for this particular trial.” This explanation was inadequate … . Under the circumstances, the fact that the prosecution, essentially, “offered no reason at all with respect to [its] challenge of the juror is dispositive of the Batson issue” … . People v Jones, 2016 NY Slip Op 03758, 2nd Dept 5-11-16

CRIMINAL LAW (FAILURE TO PROVIDE RACE-NEUTRAL REASON FOR CHALLENGE TO BLACK JUROR REQUIRED REVERSAL)/JURORS (CRIMINAL LAW, FAILURE TO PROVIDE RACE-NEUTRAL REASON FOR CHALLENGE TO BLACK JUROR REQUIRED REVERSAL)/BATSON CHALLENGE (CRIMINAL LAW, FAILURE TO PROVIDE RACE-NEUTRAL REASON FOR CHALLENGE TO BLACK JUROR REQUIRED REVERSAL)

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