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5 A.D.3d 608

People v. McCall

Appellate Division of the Supreme Court of the State of New York · decided 2004-03-15

Decided 2004-03-15

¶1Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 5, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is reversed, on the law, and a new trial is ordered.

¶3The People correctly concede that the Supreme Court committed reversible error when it permitted the prosecutor to exercise a peremptory challenge to exclude a prospective juror because she was of Jamaican ancestry (see People v McCorkle, 278 AD2d 249 [2000]).

¶4The defendant’s remaining contention is without merit. Florio, J.P., Schmidt, Mastro and Rivera, JJ., concur.

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