A Queens prosecutor improperly removed a black juror from hearing the case of a suspected subway mugger, a Brooklyn appeals panel has ruled in reversing the defendant’s conviction.
“A new trial is necessary because the prosecutor exercised her peremptory challenges in a discriminatory manner,” wrote a unanimous court in People v. Hall, 2005-035032. And it concluded in the brief, unsigned ruling that “the nonracial bases advanced by the prosecutor were pretextual.”
The Second Department decision appears on page 25 of the print edition of today’s Law Journal.
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