People v. Lopez
Opinion of the Court
—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 23, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously reversed, on the law, and the matter remanded for a new trial.
The trial court erred here in its ruling pertaining to the Batson v Kentucky (476 US 79) issue. After the prosecutor exercised peremptory challenges to remove three of four black prospective jurors in the first three rounds of jury selection, defense counsel made a Batson objection, noting that the challenged jurors had not indicated that they would have any problem judging the case fairly. Pursuant to the three-step test set out in Batson, the court then found that a prima facie showing had been made that the challenges were race related, shifting the burden to the prosecutor to provide race-neutral explanations for his challenges. The prosecutor provided such an explanation as to the third juror challenged, but not as to
By making its determination without eliciting the prosecutor’s race-neutral explanations for his first two peremptory challenges of black prospective jurors, especially given his explanation for the third, the court committed reversible error (People v Davis, 253 AD2d 634, 634-635). Contrary to the People’s assertion, this error was preserved for our review (People v Davis, supra, People v Starks, 234 AD2d 861, lv denied 91 NY2d 836). Concur — Williams, J. P., Wallach, Lerner, Rubin and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.