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PEOPLE v. HARRIS

283 A.D.2d 520 (2001)

726 N.Y.S.2d 672

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN HARRIS, Appellant.

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

Decided May 14, 2001.

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

After defense counsel peremptorily challenged four of the five remaining white venirepersons in the second round of jury selection, the prosecutor made a motion pursuant to People v Kern (75 N.Y.2d 638, cert denied 498 U.S. 824), and established a prima facie case of discrimination. The burden then shifted to the defense to proffer race...

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