Notable Decisions and Other News

Decisions

Conviction Reversed Because of Batson Violation

05/11/2016

During jury selection, the People struck all three black men in the first panel.  In response to trial counsel’s Batson motion, the prosecutor said that it was “just [his] instinct[]” that one of the prospective jurors would not “be a suitable juror.”  The court allowed the peremptory strike, and the defendant was convicted, after trial, of second-degree assault and third-degree menacing.  On appeal, the People conceded that the court erred in allowing the peremptory strike, and the Second Department reversed the assault conviction and remanded for a new trial.  The court also dismissed the menacing conviction as against the weight of the evidence.

Samuel Brown briefed and argued the case on behalf of Appellate Advocates.