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People v. Goldbeck

193 A.D.2d 617 Court N.Y. App. Div. Decision date 1993-05-03 English

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p. 617
The People of the State of New York, Respondent, v Kevin Goldbeck, Appellant.
[597 NYS2d 602]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered November 21, 1989, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The defendant’s contention that the prosecutor exercised

p. 618
peremptory challenges to potential venirepersons in a racially-motivated manner, violating the standard established by Batson v Kentucky ( 476 US 79 ), is supported by the record (see, People v Brown, 193 AD2d 611 [decided herewith]).

We have examined the defendant’s remaining contentions and find that they are unpreserved for appellate review or without merit. Sullivan, J. P., Balletta, Lawrence and Eiber, JJ., concur.

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