New York State Supreme Court, Appellate Division, First Department in Manhattan on January 22, 2024. Photo: Ryland WestDecision of the Day: Trial Court's Sidestep of 'Batson' Deprived Defendant of Challenge to Jury Discrimination
This ruling was selected and summarized by the New York Law Journal's decision editors.
January 30, 2025 at 10:00 AM
2 minute read
In April 2019 defendant Damone Luke was convicted of third-degree burglary and sentenced to 2½ to 5 years in prison.
During trial, Manhattan Supreme Court Justice Curtis Farber bypassed the framework for challenging racial discrimination in the jury selection process as set forth by Batson v. Kentucky, and instead focused on the remedy available to defendant, thus effectively depriving him of a meaningful inquiry into the question of discrimination, a split panel from the Appellate Division, First Department found.
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