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PEOPLE v. McINDOE

277 A.D.2d 252 (2000)

715 N.Y.S.2d 734

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON McINDOE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 6, 2000.

Ordered that the judgment is reversed, on the law, the resentence is vacated, and a new trial is ordered.

A new trial is necessary because the prosecutor exercised his peremptory challenges in a discriminatory manner (see, Batson v Kentucky, 476 U.S. 79). The prosecutor advanced as a reason for his removal of a black potential juror that the juror would not base his decision on the evidence. This assertion was unsupported by...

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