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People v. Duplessis
Therefore, since the issue of pretext is a question of fact for the trial court to assess the prosecutor's credibility against the challenged juror's demeanor and language capabilities, which is an inquiry appellate courts are unable to address at step three, "we withhold decision and remit this case to [County] Court to enable the trial judge who presided over this matter to determine whether the race-neutral reason proffered by the People was pretextual" (<i>People v Cruz</i>, 228 AD3d at 1024-1025 [internal quotation marks, brackets and citation omitted]; <i>see People v Luke</i>, 236 AD3d …
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The People of the State of New York
v.
Otis Brock
v.
Otis Brock
Appellate Division of the Supreme Court of the State of New York.
Jun 17, 1996.
Published
We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). Mangano, P. J., Thompson, Florio and McGinity, JJ., concur.