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PEOPLE v. McMURRAY

1931, 1286/14.

143 A.D.3d 542 (2016)

2016 NY Slip Op 06777

39 N.Y.S.3d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS McMURRAY, Appellant.

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

Decided October 18, 2016.

The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). The court correctly determined that defendant did not establish a prima facie case of discrimination against black men, a cognizable group under Batson. Defendant's claim was based on the prosecutor's peremptory challenge to the first African-American male panelist, and defendant presented neither numerical nor nonnumerical...

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