United States Second Circuit

As long as each side to a Batson dispute is provided an opportunity to make its record, a clear expression of a trial court's acceptance or rejection of a peremptory strike is an adequate adjudication of the merits of a Batson claim. The failure to make particularized findings in such circumstances in no sense qualifies or undermines a trial court-s Batson ruling.

Appellate Information

• Decided 01/19/2006
• Published 01/20/2006

Judges

• Before:  JACOBS, CABRANES and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randall D. Unger, Bayside, NY, for Petitioner-Appellant.


• For Appellees:
  
• Joseph M. Latino, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County, Richard E. Weill, Chief Assistant District Attorney, Diane E. Selker, Assistant District Attorney, on the brief), Westchester County District Attorney's Office, White Plains, NY, for Respondents-Appellees.