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People v. Brooks

208 A.D.2d 640 Court N.Y. App. Div. Decision date 1994-10-11 English

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p. 640
The People of the State of New York, Respondent, v Dallas Brooks, Appellant.
[618 NYS2d 240]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lerner, J.), rendered November 23, 1992, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

p. 641
Ordered that the judgment is reversed, on the law, and a new trial is ordered.

As the People correctly concede, the defendant is entitled to a new trial based on the prosecutor’s exercise of peremptory challenges to exclude a number of female prospective jurors (see, Batson v Kentucky, 476 US 79 ). Although a proffered explanation for peremptory challenges need not rise to the level required for "cause”, the explanation must be "reasonably definite” (see, Hernandez v New York, 500 US 352 ; People v Dixon, 202 AD2d 12 ). Here, the prosecutor’s statements revealed that he excluded prospective jurors based on their gender (see, People v Peart, 197 AD2d 599 ; People v Rodney, 192 AD2d 626 ).

In light of our determination, we do not reach the defendant’s remaining contentions. Mangano, P. J., Thompson, O’Brien and Ritter, JJ., concur.

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