Although not raised on appeal, defendant's counsel raised the Batson issue after the first round of jury selection in the joint trial of defendant and his co-defendant Aniel Rodriguez. This Court reversed Rodriguez's conviction, holding that the People exercised peremptory challenges in a discriminatory manner in striking three Hispanic prospective jurors and thus "fatally impaired" the jury selection process ( People v Rodriguez, 211 AD2d 275, 281, appeal dismissed 88 NY2d 917). Inasmuch as defendant is similarly situated, we reverse and remand for a new trial.
Kupferman, J., concurs on constraint of People v Rodriguez ( 211 AD2d 275, 281, appeal dismissed 88 NY2d 917).