Prosecutors in a first-degree manslaughter trial used race-based challenges against two black prospective jurors, requiring the reversal of the defendant’s conviction and a new trial, a Brooklyn-based appellate court has ruled.
A unanimous panel of the Appellate Division, Second Department, agreed with Robert Bell’s attorneys in People v. Bell, 9306/08, that the reasons given for peremptory challenges by two Brooklyn assistant district attorneys were pretextual. Thus, the conviction could not stand under the U.S. Supreme Court case Batson v. Kentucky, 476 U.S. 79, which prohibits peremptory challenges based on race or gender.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
