United States Second Circuit

After an evidentiary hearing into the State prosecutor's state of mind at the time of jury selection, during which the court was able to assess prosecutor's demeanor as he testified to his general philosophy of jury selection and his denial that he had ever used race as a criterion for exercising peremptory challenges, district court's conclusion that prosecutor had not discriminated on the basis of race was not clearly erroneous.

Appellate Information

• Decided 03/28/2002
• Published 03/28/2002

Judges

• KEARSE, Circuit Judge., Before: KEARSE, WINTER, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randall D. Unger, Kew Gardens, New York, for Petitioner-Appellant.


• For Appellees:
  
• Morrie I. Kleinbart, Assistant District Attorney, New York, NY (Robert M. Morgenthau, District Attorney, Mark Dwyer, Assistant District Attorney, New York County, New York, NY, on the brief), for Respondent-Appellee.