A Sullivan County judge erroneously ruled that lawyers may not discriminate against hunters in exercising their peremptory jury challenges, a unanimous panel of the Appellate Division, Third Department, ruled yesterday.
The Albany appeals court faulted County Court Judge Frank J. LaBuda (See Profile) both for his substantive ruling that hunters are a protected class and for his handling of the prosecution’s Batson challenge. The court issued a writ of prohibition barring the judge and the Sullivan County District Attorney’s Office from re-trying hunter Robert Robar.
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