United States Second Circuit

Appeal claiming that the government's use of peremptory challenges was tainted by racial considerations in violation of Batson v. Kentucky, 476 U.S. 79, is remanded for credibility findings as to the prosecutor's proffered explanations for exercising the challenges.

Appellate Information

• Decided 09/04/2002
• Published 09/04/2002

Judges

• JACOBS, Circuit Judge., Before:  KEARSE, JACOBS, KEITH , Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bernard H. Udell, Brooklyn, New York, for Appellant Johnson., Richard Ware Levitt, New York, New York, for Appellant Thomas.


• For Appellees:
  
• Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James and Cecil C. Scott, Assistant United States Attorneys, Brooklyn, New York, on the brief, for Appellee.