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PEOPLE v. COOK

1735

68 A.D.3d 511 (2009)

2009 NY Slip Op 9159

891 N.Y.S.2d 341

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL COOK, Appellant.

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

Decided December 10, 2009.

The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Defendant did not produce "evidence sufficient to permit the trial judge to draw an inference that discrimination ha[d] occurred" (Johnson v California, 545 U.S. 162, 170 [2005]), and thus failed to make a prima facie showing of gender discrimination in the People's exercise of their peremptory...

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