Conviction Reversed Because of Batson Violation
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.