People v. Childress, 81 N.Y.2d 263 (1993)
To establish a prima facie case of discrimination in jury selection under Batson v. Kentucky, a defendant must show that the prosecution used peremptory challenges to remove members of a cognizable racial group and that facts and circumstances raise an inference that the challenges were used to exclude potential jurors because of their race.
Summary
Defendant, an African-American, was convicted of burglary. During jury selection, defense counsel claimed the prosecutor was using peremptory challenges to exclude African-American jurors. The trial court, stating peremptory challenges are absolute, overruled the objection. The Appellate Division affirmed, noting the voir dire wasn’t part of the record. The Court of Appeals affirmed, holding that the defense failed to present sufficient facts to raise an inference of discrimination. The Court clarified that while a trial court’s misstatement of Batson principles is error, a defendant must still meet the burden of establishing a prima facie case of discrimination.
Facts
The defendant, an African-American, was charged with burglary. During jury selection, the prosecutor used peremptory challenges. Defense counsel objected, asserting the prosecutor was using peremptory challenges to exclude African-American jurors, arguing that the jurors’ questioning was proper and they indicated no reason why they could not serve fairly. The prosecutor stated that he accepted one black juror and was not excluding black jurors because of their race. The trial court overruled the objection.
Procedural History
The defendant was convicted of burglary in the second degree and possession of burglar’s tools in the trial court. The defendant appealed, arguing the trial court erred in refusing to require the prosecutor to furnish a race-neutral explanation for the peremptory challenges. The Appellate Division rejected the argument, holding the defendant failed to substantiate his claim because the voir dire proceedings were not made available as part of the record on appeal. The Court of Appeals granted permission to appeal.
Issue(s)
1. Whether the defendant established a prima facie case of discrimination in the prosecutor’s use of peremptory challenges under Batson v. Kentucky.
2. Whether the minutes of the voir dire must be furnished to obtain relief on appeal under Batson v. Kentucky.
Holding
1. No, because the defendant’s assertions were insufficient to raise an inference that the prosecutor used peremptory challenges to exclude potential jurors because of their race.
2. No, because the minutes of the voir dire need not be provided in every instance as a precondition for obtaining Batson relief, especially when the facts elicited during the Batson colloquy are sufficient for review.
Court’s Reasoning
The Court of Appeals acknowledged the trial court’s misstatement of the law regarding peremptory challenges being absolute, clarifying that Batson v. Kentucky prohibits racially motivated peremptory challenges. However, the Court emphasized that the defendant failed to establish a prima facie case of discrimination. The Court reiterated the Batson standard: the defendant must show that the prosecution used peremptory challenges to remove members of a cognizable racial group and that facts and circumstances exist to raise an inference that the challenges were used to exclude potential jurors based on race.
The Court found that the defense counsel’s assertion that the jurors’ questioning was proper and that they gave no reason why they could not serve fairly was insufficient to establish a prima facie case. The court reasoned that merely striking two of three African-American jurors, without more, did not establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination. The Court stated, “Defense counsel’s other assertions during the Batson colloquy that ‘[the prospective jurors’] questioning was proper’ and that ‘[t]hey indicated no reason why they could not serve fairly on this jury’ were also insufficient to establish a prima facie case on this record.”
The Court also clarified that the voir dire minutes are not always necessary for appellate review. A trial or appellate court can determine whether a prima facie case exists based on the facts elicited during the Batson colloquy. The Court emphasized that a party asserting a Batson claim should articulate all supporting grounds, both factual and legal, during the colloquy. In the instant case, the Court found defense counsel’s statements too perfunctory to establish an inference of discriminatory motive.