What is the test for establishing a prima facie violation by the state in its failure to guarantee that juries represent a fair cross-section of the community?

"New York", United States of America

The following excerpt is from People v. Waters, 123 Misc.2d 1057, 476 N.Y.S.2d 429 (N.Y. Cty. Ct. 1984):

In order to establish a prima facie violation by the state in its failure to guarantee that juries represent a fair cross-section of the community, the defendant must show (1) that the group alleged to be excluded is a "distinctive" group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury selection process (emphasis added). Duren v. Missouri, supra, 439 U.S. at 364, 99 S.Ct. at 668.

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