PEOPLE v. SANDY

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

Because the prosecutor at the hearing held in November 1989 was unable to recall his reasons for challenging five black prospective jurors, the People failed to meet their burden of overcoming the presumption of discrimination found by this court (see, People v Jackson, 152 A.D.2d 706; People v Mims, 149 A.D.2d 948; People v Knight, 144 A.D.2d 1020). Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.