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.