People v. Howard
Decision Date | 23 March 1987 |
Parties | The PEOPLE, etc., Respondent, v. Clifford HOWARD, Appellant. |
Court | New York Supreme Court — Appellate Division |
Matthew Muraskin, Mineola (Kenneth Rabb, of counsel), for appellant.
Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese and Marea M. Suozzi, of counsel), for respondent.
Before MANGANO, J.P., and BRACKEN, NIEHOFF and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered June 5, 1984, convicting him of robbery in the first degree, criminal possession of stolen property in the first degree and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the case is remitted to the County Court, Nassau County, to hear and report on the prosecutor's exercise of peremptory challenges and the appeal held in abeyance in the interim. The County Court is to file its report with all convenient speed.
Following the completion of jury selection, defense counsel moved for a mistrial upon the ground that the prosecutor exercised peremptory challenges in order to strike the only two black members of the venire. The prosecutor responded that he had reasons for the exercise of peremptory challenges which were not founded upon race, and the court denied the motion.
Under the circumstances, the defendant made out a prima facie case of racial discrimination and the court should have required the prosecutor to articulate the reasons for challenging the two black veniremen (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69). Although Batson v. Kentucky (supra), was not yet decided when this case was tried, it must be given retroactive application ( Griffith v. Kentucky, 479 U.S. ----, 107 S.Ct. 708, 93 L.Ed.2d 649). Accordingly, the matter is remitted for an evidentiary hearing, while we hold the appeal from the judgment of conviction in abeyance.
To continue reading
Request your trial-
Howard v. Senkowski
...to the Nassau County Court for an evidentiary hearing on the prosecutor's reasons for striking the two jurors. People v. Howard, 128 A.D.2d 804, 513 N.Y.S.2d 506 (2d Dep't 1987). The hearing was held on May 27-28, 1987, before Judge Jules E. Orenstein, the Judge who had tried the case havin......
-
People v. Blunt
...People v. Giles, 73 N.Y.2d 666, 671, 543 N.Y.S.2d 37, 541 N.E.2d 37; People v. Jenkins, supra; People v. Dove, supra; People v. Howard, 128 A.D.2d 804, 513 N.Y.S.2d 506; People v. Epps, supra ). The County Court shall file its report with all convenient ORDERED that the matter is remitted t......
-
People v. Jenkins
...challenges where he had used 12 of his 17 peremptory challenges to strike prospective black jurors. In People v. Howard, 128 A.D.2d 804, 805, 513 N.Y.S.2d 506 (2nd Dept., 1987), where a prosecutor had used peremptory challenges to strike the only two blacks on the jury venire, the Second De......
-
People v. Newman
...of peremptory challenges himself (see, People v. Jenkins, supra; People v. Bozella, 150 A.D.2d 471, 541 N.Y.S.2d 73; People v. Howard, 128 A.D.2d 804, 513 N.Y.S.2d 506). The Supreme Court's determination of this matter was erroneous (cf., Powers v. Ohio, 499 U.S. ----, 111 S.Ct. 1364, 113 L......