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PEOPLE v. AGUILAR

Ind. No. 2694/00, Appeal No. 16199, Case No. 2005-1253.

206 A.D.3d 572 (2022)

170 N.Y.S.3d 548

2022 NY Slip Op 04131

The People of the State of New York, Respondent, v. Gonzalo Aguilar, Appellant.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

The court properly granted the People's reverse-Batson application (see People v Kern, 75 N.Y.2d 638 [1990], cert denied 498 U.S. 824 [1990]). The record supports the court's finding that the race-neutral reasons provided by defense counsel for the peremptory challenge at issue were pretextual. We find no basis to disturb the court's finding of pretext, which is based primarily on the court's assessment of counsel's...

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