Opinion

People v. McCray

  • 57 N.Y.2d 542
  • 457 N.Y.S.2d 441
  • 443 N.E.2d 915
  • 1982 N.Y. LEXIS 3844
Court
New York Court of Appeals
Filed
Dec 14, 1982
Status
Published
Author
Cooke
On the bench
Cooke, Fuchsberg, Gabrielli, Meyer
Cited by
60 cases

Kaye, Dual Constitutionalism in Practice and Principle, 42 The Record of Assn of Bar of City of NY 285, 299-302 [1987].

How later courts described this case

  • Kaye, Dual Constitutionalism in Practice and Principle, 42 The Record of Assn of Bar of City of NY 285, 299-302 [1987].
  • state not required to show justifiable cause for exercising peremptory challenges, even when statistics support allegations such challenges used to remove jurors on basis of ' race
  • following Swain and rejecting Payne analysis
  • "[0]ur State constitutional equal protection clause is no more broad in coverage than its Federal prototype.” (citation omitted)

Written by the judges who cited it.

The opinion

Chief Judge Cooke

(concurring). I concur in the majority’s holding that the prosecutor’s use of peremptory challenges did not violate defendant’s constitutional rights.

I also agree that this court need not decide the negative identification issue, but for a reason different than that implicitly adopted by the majority, which erroneously concludes that, defendant’s counsel opened the door to this testimony. Assuming, arguendo, that admission of the negative identification testimony was improper, in light of the entire record, including defense counsel’s own reference to this subject in his opening statement, the error, if any, cannot be said to have prejudiced defendant.

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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