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PEOPLE v. JOHNSON

196 Misc.2d 417 (2003)

765 N.Y.S.2d 199

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVID JOHNSON, Defendant.

Supreme Court, Kings County.

June 13, 2003.

Attorney(s) appearing for the Case

Irene Elliott, Brooklyn, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Richard Schmedake of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT J. COLLINI, J.

The defendant is charged with robbery in the first degree et al. A jury trial was commenced before this court on May 13, 2003.

During voir dire the court, sua sponte, ruled that the prosecution had discriminatorily used several peremptory challenges after observing that six of its first seven challenges were used to excuse African-American jurors. After a hearing...

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