Opinion

People v. Hecker

  • 15 N.Y.3d 625
  • 942 N.E.2d 248
Court
New York Court of Appeals
Filed
Nov 30, 2010
Status
Published
Author
Graffeoguardinohollisblackhecker
On the bench
Black, Clparick, Graffeo, Guardino, Hecker, Hollis, Smith
Cited by
182 cases

finding that although peremptory challenges were not “a trial tool of constitutional magnitude,” they were nevertheless protected under New York’s criminal procedure laws

How later courts described this case

  • finding that although peremptory challenges were not “a trial tool of constitutional magnitude,” they were nevertheless protected under New York’s criminal procedure laws
  • holding that mistaken denial of a peremptory challenge “under New York law mandates automatic reversal,” despite the United States Supreme Court’s holding in Rivera
  • concluding that a mistaken denial of a peremptory challenge “mandates automatic reversal”
  • noting “[fjrom earliest times the right of peremptory challenge was the privilege of the accused” and “peremptory challenges are a mainstay” of a “strategic arsenal” protected by criminal procedure law

Written by the judges who cited it.

The opinion

Graffeo, J. (concurring in People v Guardino, People v Hollis and People v Black, and dissenting in People v Hecker).

I agree that there should be an affirmance in Guardino, Hollis and Black, and therefore join the majority’s analysis of those cases. I dissent in Hecker, however, for the reason as stated by Judge Smith that there is record support for the trial court’s step-three finding of fact that the peremptory challenge was racially motivated. I do not join Judge Smith’s discussion of Guardino.

Chief Judge Lippman and Judges Pigott and Jones concur with Judge Ciparick; Judge Smith dissents in a separate opinion in which Judge Read concurs; Judge Graffeo dissents in another opinion.

In People v Hecker: Order reversed, etc.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Jones concur with Judge Ciparick; Judge Smith concurs in a separate opinion in which Judge Pigott concurs.

In People v Guardino: Order affirmed.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Jones concur.

In People v Hollis and People v Black: Order affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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