.... TITONE, J. This appeal involving the application of Batson v Kentucky ( 476...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 (supra...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 (supra...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, supra...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 ( 476...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...

...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, supra...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...

... Relying on Batson v. Kentucky, 476 U.S. 79, respondent objected to a prosecutor's use of a peremptory challenge to strike, inter...Batson v. Kentucky, 476 U.S. 79 (1986). The prosecutor explained his strikes: "I struck [juror] number...merits of the case. The Court does this today when it overrules a portion of our opinion in Batson v. Kentucky, 476 U.S. 79 (1986...

...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...." 457 So.2d at 486. Although we know that the United States Supreme Court has not yet ruled on whether Batson v. Kentucky is to be applied...

...(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 retroactive application...(Griffith v Kentucky, 479 US ___, 107 S Ct 708). Accordingly, the matter is remitted for an evidentiary... THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD HOWARD, Appellant. Appellate Division of the Supreme Court of New York, Second...

...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 ( 476...(id., 476 US, at 96-98). In Griffith v Kentucky ( 479 U.S. 314), the Supreme Court declared that Batson applied...

...(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 on the jury...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...

...( 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 American and..., 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...

.... 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...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...justices. The court stressed that Batson v. Kentucky, 476 U.S. 79 (1986), left to state courts the task of establishing the standards...

...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's... 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...

...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 determine whether the...court, on appeal he objected only to the excusal of Juror 16. Even prior to this Court's decision in Batson v. Kentucky, 476...years ago Justice Thurgood Marshall warned that the test of Batson v. Kentucky, 476 U. S. 79 (1986), would fail to ferret out...

...raised two Batson challenges during jury selection (see, Batson v Kentucky, 476..." (People v. Bolling, 79 N.Y.2d 317, 325; Batson v Kentucky, supra). The defendant's remaining contentions are unpreserved for appellate... THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD STOKES, Appellant. Appellate Division of the Supreme Court of New York, Second...

...peremptory challenge to exclude the only prospective black juror (see, Batson v Kentucky, 476 U.S. 79...set forth a prima facie case of discrimination under Batson v Kentucky (supra) and remit the matter for a reconstruction hearing (see, People...; People v Scott, 70 N.Y.2d 420). At his trial in 1983, before Batson was decided, defendant complained that the prosecutor's peremptory challenge to the single black potential...