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HERNANDEZ v. NEW YORK

No. 89-7645.

500 U.S. 352 (1991)

111 S.Ct. 1859

114 L.Ed.2d 395

HERNANDEZ v. NEW YORK

Supreme Court of United States.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Kenneth Kimerling argued the cause for petitioner. With him on the briefs were Ruben Franco and Arthur Baer.

Jay M. Cohen argued the cause for respondent. With him on the brief were Charles J. Hynes, Peter A. Weinstein, Carol Teague Schwartzkopf, and Victor Barall.*

JUSTICE KENNEDY announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE WHITE and JUSTICE SOUTER join.

Petitioner Dionisio Hernandez asks us to review the New York state courts' rejection of his claim that the prosecutor in his criminal trial exercised peremptory challenges to exclude Latinos from the jury by reason of their ethnicity. If true, the prosecutor's discriminatory use...

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