How have the courts dealt with peremptory challenges against prospective black prospective jurors?

"New York", United States of America

The following excerpt is from People v. Payne, 643 N.Y.S.2d 949, 666 N.E.2d 542, 88 N.Y.2d 172 (N.Y. 1996):

In People v. Jones, the defendant, an African-American, was convicted in Brooklyn of selling crack/cocaine. After the first round of jury examination prior to trial, defense counsel exercised peremptory challenges against six white prospective jurors. The prosecutor objected, asserting racial discrimination. The trial court was satisfied that the People had made a prima facie showing of racial discrimination and asked defense counsel to provide "non-pretextual" reasons for the peremptory challenges. Defense counsel objected, arguing the lack of a prima facie showing, but nonetheless proffered purportedly race-neutral explanations as to each of the challenged jurors.

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