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PEOPLE v. WILSON

65 A.D.3d 956 (2009)

886 N.Y.S.2d 17

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS WILSON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

The court erred in its determination that defense counsel failed to make a prima facie case of sexual discrimination in the prosecutor's exercise of peremptory challenges. In this case against a defendant accused of physical and sexual abuse of his girlfriend, during the first round of challenges, the prosecution used five peremptory challenges all against men (including two African-Americans and one Hispanic male). Defense counsel...

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