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People v. Ballard

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 9, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CURTIS BALLARD, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered March 31, 2008, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Friedman, Nardelli, Catterson, JJ.

3629/07

As the People concede, defendant is entitled to a new trial because, in a proceeding pursuant to Batson v Kentucky (476 US 79 [1986]), the prosecutor failed to provide any race-neutral explanation for her peremptory challenge to one of the venirepersons at issue.

In view of this disposition, we see no reason to reach any of defendant's other claims, except that we find the verdict was not against the weight of the evidence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100209

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