prosecutor exercised the peremptory challenge (New York) · Go Syfert
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prosecutor exercised the peremptory challenge in New York

5 New York opinions name it 1 courts 2004–2023 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
People v. Smocumgreen
ny · 2003 · cited in 4 New York opinions naming this issue, 2004–2016
2 sentences

2016Defendant failed to meet his prima facie burden of establishing that the prosecutor exercised the peremptory challenge in a discriminatory manner (see generally People v Smocum, 99 NY2d 418, 421 [2003]).

2016Defendant failed to meet his prima facie burden of establishing that the prosecutor exercised the peremptory challenge in a discriminatory manner (see generally People v Smocum, 99 NY2d 418, 421 [2003]).

34
People v. Maygreen
nyappdiv · 2015 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Defendant’s assertion that “there wasn’t anything obvious ... in her responses that would seem to make her favorable to the defense,” “standing alone, [is] generally insufficient to establish a prima facie case of discrimination” (People v MacShane, 11 NY3d 841, 842 [2008]; see People v May, 125 AD3d 1465, 1466 [2015], lv denied 25 NY3d 1204 [2015]).

2016Defendant’s assertion that “there wasn’t anything obvious ... in her responses that would seem to make her favorable to the defense,” “standing alone, [is] generally insufficient to establish a prima facie case of discrimination” (People v MacShane, 11 NY3d 841, 842 [2008]; see People v May, 125 AD3d 1465, 1466 [2015], lv denied 25 NY3d 1204 [2015]).

33
People v. MacShanegreen
ny · 2008 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Defendant’s assertion that “there wasn’t anything obvious ... in her responses that would seem to make her favorable to the defense,” “standing alone, [is] generally insufficient to establish a prima facie case of discrimination” (People v MacShane, 11 NY3d 841, 842 [2008]; see People v May, 125 AD3d 1465, 1466 [2015], lv denied 25 NY3d 1204 [2015]).

2016Defendant’s assertion that “there wasn’t anything obvious ... in her responses that would seem to make her favorable to the defense,” “standing alone, [is] generally insufficient to establish a prima facie case of discrimination” (People v MacShane, 11 NY3d 841, 842 [2008]; see People v May, 125 AD3d 1465, 1466 [2015], lv denied 25 NY3d 1204 [2015]).

23
People v. Hendersongreen
nyappdiv · 2003 · cited in 2 New York opinions naming this issue, 2004–2023
2 sentences

2004Although a prima facie showing of discrimination can be made based on the challenge of only one juror (see People v Smocum, 99 NY2d 418, 422 [2003]; People v Henderson, 305 AD2d 940, 940 [2003], lv denied 100 NY2d 582 [2003]), here defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis (see People v Henderson, supra at 941).

2004Although a prima facie showing of discrimination can be made based on the challenge of only one juror (see People v Smocum, 99 NY2d 418, 422 [2003]; People v Henderson, 305 AD2d 940, 940 [2003], lv denied 100 NY2d 582 [2003]), here defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis (see People v Henderson, supra at 941).

12
People v. Skervingreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023In our view, County Court correctly determined that "defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis" ( People v Skervin , 13 AD3d 661, 662 [3d Dept 2004], lv denied 5 NY3d 833 [2005]; see People v Hecker , 15 NY3d at 665 ; People v Anthony , 152 AD3d at 1050 ).

11
People v. Heckergreen
ny · 2010 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023In our view, County Court correctly determined that "defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis" ( People v Skervin , 13 AD3d 661, 662 [3d Dept 2004], lv denied 5 NY3d 833 [2005]; see People v Hecker , 15 NY3d at 665 ; People v Anthony , 152 AD3d at 1050 ).

11
People v. Dolphygreen
nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Moreover, the prosecutor’s explanation, which does not have to be persuasive or plausible (see People v Starks, supra at 622), but need only be “facially permissible” (People v Smocum, supra at 422 ), was race neutral and, therefore, overcame any inference of discrimination, satisfying the People’s burden of production under step two of the Batson analysis (see People v Dorsey, 3 AD3d 590, 591 [2004]; People v Dolphy, 257 AD2d 681, 683 [1999], lv denied 93 NY2d 872 [1999]; People v Starks, supra).

11
People v. Dorseygreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Moreover, the prosecutor’s explanation, which does not have to be persuasive or plausible (see People v Starks, supra at 622), but need only be “facially permissible” (People v Smocum, supra at 422 ), was race neutral and, therefore, overcame any inference of discrimination, satisfying the People’s burden of production under step two of the Batson analysis (see People v Dorsey, 3 AD3d 590, 591 [2004]; People v Dolphy, 257 AD2d 681, 683 [1999], lv denied 93 NY2d 872 [1999]; People v Starks, supra).

11
People v. Starksgreen
nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2004–2004
2 sentences

2004Moreover, the prosecutor’s explanation, which does not have to be persuasive or plausible (see People v Starks, supra at 622), but need only be “facially permissible” (People v Smocum, supra at 422 ), was race neutral and, therefore, overcame any inference of discrimination, satisfying the People’s burden of production under step two of the Batson analysis (see People v Dorsey, 3 AD3d 590, 591 [2004]; People v Dolphy, 257 AD2d 681, 683 [1999], lv denied 93 NY2d 872 [1999]; People v Starks, supra).

2004Moreover, the prosecutor’s explanation, which does not have to be persuasive or plausible (see People v Starks, supra at 622), but need only be “facially permissible” (People v Smocum, supra at 422 ), was race neutral and, therefore, overcame any inference of discrimination, satisfying the People’s burden of production under step two of the Batson analysis (see People v Dorsey, 3 AD3d 590, 591 [2004]; People v Dolphy, 257 AD2d 681, 683 [1999], lv denied 93 NY2d 872 [1999]; People v Starks, supra).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Anthony green
nyappdiv · 2017
1 sentence

2023In our view, County Court correctly determined that "defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis" ( People v Skervin , 13 AD3d 661, 662 [3d Dept 2004], lv denied 5 NY3d 833 [2005]; see People v Hecker , 15 NY3d at 665 ; People v Anthony , 152 AD3d at 1050 ).

12023–2023
People v. Williams green
nyappdiv · 2004
1 sentence

2023It follows that the burden did not shift to the People to articulate a race-neutral explanation for the challenge, and County Court correctly refrained from assessing whether the explanation proffered by [*5]the People did so ( see People v Skervin , 13 AD3d at 662 ; People v Henderson , 305 AD2d at 941 ).

12023–2023
People v. Skervin green
ny · 2005
1 sentence

2023In our view, County Court correctly determined that "defendant failed to allege facts or circumstances sufficient to raise an inference that the prosecutor exercised the peremptory challenge for a discriminatory purpose and, therefore, he did not satisfy the first step of the Batson analysis" ( People v Skervin , 13 AD3d 661, 662 [3d Dept 2004], lv denied 5 NY3d 833 [2005]; see People v Hecker , 15 NY3d at 665 ; People v Anthony , 152 AD3d at 1050 ).

12023–2023

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.20 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 5 (2004–2023) CA 4 (2015–2025) OH 3 (1999–2013) OR 2 (1992–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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