.... TITONE, J. This appeal involving the application of Batson v Kentucky...challenges. Also at issue is whether the minutes of the voir dire must be furnished in order to obtain relief on appeal under Batson v Kentucky...basis, the court clearly misstated the law. The Supreme Court's landmark ruling in Batson v Kentucky (supra) definitively foreclosed any such arguments and articulated a new standard for...

...Appeals' refusal to issue a certificate of probable cause was erroneous in view of the fact that Batson v. Kentucky, 476 U.S. 79...Batson v. Kentucky, 476 U.S. 79 (1986), was pending before us at the time of the Court of Appeals' decision. The thrust of petitioner's argument is that the...in" Batson v. Kentucky. Linkletter v. Walker, 381 U.S. 618, 622, n. 5 (1965). We express no view on the question whether...

...application of the rules developed in Batson v Kentucky ( 476 U.S. 79), raise two questions: (1) whether a prima facie showing of discrimination may...be modified. In People v Steele, we hold that a prima facie case was not established and consequently affirm the order of the Appellate Division. In Batson v Kentucky...inference that the prosecutor used the challenges for discriminatory purposes (Batson v Kentucky, supra, at 96; People v Jenkins, 75 N.Y...

...(see, Batson v Kentucky, 476 U.S. 79). Defendant, also a Latino, satisfied the Batson ( 476 U.S. 79, ...demonstrable sufficient for a challenge for cause — are allowed to exclude jurors usually without any explanation (CPL 270.25). The 1986 rule in Batson v Kentucky...prosecutor to exclude members of the defendant's group; and (3) "facts and any other relevant circumstances rais[ing] an inference" of a discriminatory purpose (Batson v Kentucky, supra, at 96...

... Relying on Batson v. Kentucky, 476 U.S. 79, respondent objected to a prosecutor's use of a peremptor...Batson v. Kentucky, 476 U.S. 79 (1986). The prosecutor explained his strikes: "I struck [juror] number.... Hernandez v. New York, 500 U.S. 352, 358-359 (1991) (plurality opinion); id., at 375 (O'CONNOR, J., concurring in judgment); Batson, supra...

...members with Hispanic surnames, thereby violating the defendant's equal protection rights (see, Batson v Kentucky, 476 U.S. 79...peremptorily challenge the only three prospective jurors who definitely had Hispanic surnames. Therefore the defendant has made out a prima facie case of discrimination (see, Batson v Kentucky...defendant's prima facie showing (see, Batson v Kentucky, supra, at 96-97). Two of the jurors were dismissed because they had close relatives who had been prosecuted by the District Attorney's office...

...exercise peremptory challenges in a racially discriminatory manner and held that the procedures articulated in Batson v Kentucky ( 476 U.S...(Holland v Illinois, supra; Batson v Kentucky, 476 US, at 91, supra; Stilson v United...(Batson v Kentucky, 476 U.S. 79, supra; Swain v Alabama, 380 U.S. 202...

.... While Ford's first petition for certiorari was pending in this Court, the Court decided Batson v. Kentucky, 476 U.S. 79, which dropped...January 22, 1986. While it was before us, we held in Batson v. Kentucky, 476 U.S. 79 (1986), that a black criminal defendant could make a...direct review or not yet final when Batson was decided. Griffith v. Kentucky, 479 U.S. 314, 328 (1987). We then granted...

...Supreme Court reinstated it, stressing that Batson v. Kentucky, 476 U.S. 79, permits state courts to establish the standards used to..., Purkett v. Elem, 514 U.S. 765 (per curiam). Batson does not permit...prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), the objector must show that it is more likely than not that the...

...black jurors from the venire. The United States Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79...announced in Batson v. Kentucky, supra (that "a defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor's..., 92 S.Ct. at 918. The Batson Court recognized that more than a century ago Strauder v. West Virginia, 100 U.S. (10 Otto) 303, ...

...peremptory challenges during jury selection in a racially-discriminatory manner in violation of Batson v Kentucky ( 476 U.S. 79). We agree and...reverse. The racially-motivated use of peremptory challenges violates both the State and Federal Constitutions (see, Batson v Kentucky..., 476 U.S. 79, supra; People v Bolling, 79 N.Y.2d 317). The United States Supreme Court, in Batson v Kentucky (supra...

...systematically exclude blacks from the jury for discriminatory purposes (see, Batson v Kentucky, 476 U.S. 79). We agree and, therefore, reverse the...542). While defendant's appeal was pending before this court, the Supreme Court reexamined the Swain rule in Batson v Kentucky...), the Supreme Court declared that Batson applied retroactively to all pending direct appeals (cf., People v Ford, 69 N.Y.2d 775...

...Batson v. Kentucky, 476 U. S. 79, 98, a defendant's challenge to a peremptory strike allegedly based on race requires, inter alia, that the trial court de...court, on appeal he objected only to the excusal of Juror 16. Even prior to this Court's decision in Batson v. Kentucky...federal court, the credibility findings a trial court makes in a Batson inquiry are reviewed for clear error. Hernandez v. New...

...(Batson v Kentucky, 476 U.S. 79), the People argue that no pattern of discriminatory use of peremptory challenges was shown and that because the number of blacks remaining ...establish a prima facie showing of discrimination under Batson v Kentucky ( 476 U.S. 79, supra). They further argue that since three.... (Batson v Kentucky, 476 U.S. 79, supra; Griffith v Kentucky, 479 U.S. 314...

...Batson v. Kentucky, 476 U. S. 79 (1986). Two of three black jurors had been struck; the third served on the jury. App. to Pet. for Cert. 49-50. Jackson'... T. FELKNER v. STEVEN FRANK JACKSON. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH.... Jackson raised a Batson claim, asserting that the prosecutor exercised peremptory challenges to exclude black prospective jurors on the basis of their race See...

...( see, Batson v. Kentucky, 476 U.S. 79). Defendant's counsel challenged the prosecutor's strike of the juror in question based on the fact that defendant was an African Ame..., held that defendant had made a sufficient prima facie showing to shift the burden to the prosecutor to put forward a race neutral explanation for the strike ( see, Batson v. Kentucky, supra...neutral and denied defendant's request for a mistrial. In Batson v. Kentucky (supra), the Supreme Court determined that the Equal Protection Clause of the 14th Amendment...

...(see, Batson v. Kentucky, 476 U.S. 79). Although Batson v. Kentucky (supra), was not yet decided when this case was tried, it must be given retroac... THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD HOWARD, Appellant. Appellate Division of the Supreme Court of New York, Second...(Griffith v Kentucky, 479 US ___, 107 S Ct 708). Accordingly, the matter is remitted for an evidentiary...

...Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712...Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69...preservation of Batson claims. See People v. Jones, 284 A.D.2d 46, 48, 728 N.Y.S.2d...

.... A motion for a new trial is addressed to the sound legal discretion of the trial court, and it will not be disturbed unless clearly and palpably erroneous. Code 1923, § 9518; Batson v. State...Batson v. State, 216 Ala. 275, 113 So. 300, courts of record have inherent power, independent... PARKER et al. v. HAYES LUMBER CO. 4 Div. 472. Supreme Court of Alabama. March 13, 1930...

...People v. Wheeler, 22 Cal.3d 258 (1978), California's precursor to Batson v. Kentucky, 476 U.S. 79...potential jurors, including one African American and three Hispanics, in a racially discriminatory manner, in violation of Batson v. Kentucky, 476 U.S.... 79 (1986), and Powers v. Ohio, 499 U.S. 400 (1991). Batson held that an African American defendant stated an Equal Protection...