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PEOPLE v. BOLLING

79 N.Y.2d 317 (1992)

The People of the State of New York, Respondent, v. Lawrence Bolling, Appellant. The People of the State of New York, Respondent, v. Marlene Steele, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Steven R. Bernhard for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Christina Welykyj and Mark Dwyer of counsel), for respondent in the first above-entitled action.

Nancy E. Little for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Donna Krone of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge BELLACOSA concurs in a separate opinion in which Chief Judge WACHTLER and Judge TITONE also concur.

SIMONS, J.

These appeals, involving application of the rules developed in Batson v Kentucky (476 U.S. 79), raise two questions: (1) whether a prima facie showing of discrimination may be established before completion of the jury selection process and (2) whether defense counsel established a prima facie case that the prosecution...

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