United States Second Circuit

Denial of habeas petition is affirmed over claim that the New York courts misapplied Batson v. Kentucky, 476 U.S. 79 (1986), when they found that petitioner failed to make a prima facie showing of racial motivation when the prosecutor used a peremptory strike on the only African-American to be called for voir dire.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, CABRANES, RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Julia Pamela Heit, New York, NY, for Appellant.


• For Appellees:
  
• Guy Arcidiacono, Assistant District Attorney, Suffolk County, Riverhead, N.Y. (Thomas J. Spota, District Attorney of Suffolk County, on the brief), for Appellees.