An appeals court has declined to review a trial judge’s decision denying Batson challenges to two jurors in a defendant’s drug trial, finding that although the judge erred procedurally, the defense did not object properly and the matter was unpreserved for review.
The Appellate Division, Third Department, ruled 3-2 Thursday in People v. Acevedo, 106644, that Albany County Court Judge Peter Lynch failed to perform the third and final step of the process of reviewing a Batson challenge over whether removal of a juror was based solely on racial considerations and improper.
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