People v. McCray

Decision Date12 July 1983
Citation467 N.Y.S.2d 1031,60 N.Y.2d 587
Parties, 454 N.E.2d 127 People v. McCray (Michael) NO. 676
CourtNew York Court of Appeals Court of Appeals
457 N.Y.S.2d 441, 443 N.E.2d 915, 57 N.Y.2d 542

MOTION FOR REARGUMENT GRANTED OR DENIED .

Denied.

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3 cases
  • McCray v. Abrams
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 4 Diciembre 1984
    ... ... In support of this contention, McCray pointed out that "[t]here have been seven black people and one Hispanic ven[ire]man up to this point. [The prosecutor] has challenged each and every one of them. Of her eleven challenges, she has used eight to challenge blacks and Hispanics." (Transcript of hearing dated April 24, 1980, at 5.) McCray requested a hearing at which the prosecutor ... ...
  • People v. Barnes
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Julio 1985
    ... ... We conclude that the trial court abused its discretion in excluding April Edwards' testimony ...         In view of the foregoing it is unnecessary to reach the defendant's contention (based on McCray v. Abrams, (2nd Cir.), 750 F.2d 1113, but see People v. Charles, 61 N.Y.2d 321, 473 N.Y.S.2d 941, 462 ... N.E.2d 118, and People v. McCray, 57 N.Y.2d 542, 457 N.E.2d 441, 443 N.E.2d 915, cert. den. 461 U.S. 961, 103 S.Ct. 2438, 77 L.Ed.2d 1322) that his constitutional rights were infringed by the ... ...
  • People v. Cassell
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Mayo 1984
    ... ... We decline to reach this contention because the voir dire was not recorded and there is no basis in the record to ascertain whether defendant established a prima facie case of discrimination (see People v. Charles, 61 N.Y.2d 321, 473 N.Y.S.2d 941, 462 N.E.2d 118; People v. McCray, 57 N.Y.2d 542, 546, 457 N.Y.S.2d 441, 443 N.E.2d 915, cert den 461 U.S. 961, 103 S.Ct. 2438, 77 L.Ed.2d 1322, mot. for rearg. den. 60 N.Y.2d 587, 467 N.Y.S.2d 1031, 454 N.E.2d 127). We have considered the other points raised by the defendant and find each of them lacking in merit ... ...

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