PEOPLE v. SIMMONS


79 N.Y.2d 1013 (1992)

The People of the State of New York, Respondent, v. Carlisle Simmons, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1992.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Drew R. DuBrin of counsel), for appellant.

Howard R. Relin, District Attorney (Robert Mastrocola of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR., concur; Judge SIMONS taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

In the course of jury selection, the prosecutor peremptorily challenged three prospective jurors, two black, one white; the black jurors were the only black venirepersons in the 35 member jury pool. Defendant contended that the prosecutor's use of peremptory challenges to excuse them violated the Equal...

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