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Argued: April 7, 2009

Before: JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

Mark Garraway appeals from the denial of his 28 U.S.C. § 2254 petition for habeas corpus relief by the United States District Court for the Southern District of New York (Rakoff, J.). A jury convicted Garraway of second-degree murder in 1997. During voir dire, Garraway objected to the prosecution’s exercise of peremptory strikes to remove seven African-Americans from the petit jury pool. The New York Supreme Court, Bronx County, ruled that Garraway had established a prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), and required the prosecutor to proffer legitimate, non-discriminatory reasons for striking those seven individuals. The prosecutor gave seven explanations, but one of the strikes he explained had not been challenged, leaving one challenged strike unexplained. This omission was evidently missed by the prosecutor and the judge. Garraway noted his general “exception” without objecting specifically to the prosecutor’s failure to explain the seventh challenged strike. The trial court denied Garraway’s Batson objection.

 
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