People v. Bolling, 79 N.Y.2d 317 (1992)

A defendant establishes a prima facie case of racial discrimination in jury selection by showing membership in a cognizable racial group, the prosecutor’s use of peremptory challenges to remove members of the defendant’s race, and circumstances raising an inference that the challenges were used to exclude jurors based on race.

Summary

Bolling, a black defendant, was convicted of robbery. During jury selection, the prosecutor used 7 of 10 peremptory challenges to remove black jurors. Bolling argued this was discriminatory. The Appellate Division reversed, ordering a new trial. The Court of Appeals agreed a prima facie case was made but modified the order, remitting for a hearing to allow the prosecution to offer race-neutral explanations for the strikes. The Court held excluding even some jurors based on race violates equal protection, regardless of the racial makeup of the final jury, but the prosecution should have an opportunity to explain the challenges.

Facts

Bolling, a black man, was indicted for robbery and attempted murder. During jury selection, the prosecution used 7 of its 10 peremptory challenges to remove black prospective jurors. The defense attorney argued this constituted a pattern of discrimination, as the Bronx population was majority black. The prosecutor volunteered to explain the qualifications of each juror, but the trial court denied the mistrial motion and declined the offer.

Procedural History

The trial court convicted Bolling of second-degree robbery. The Appellate Division reversed, finding a discriminatory pattern of strikes against black jurors. The People appealed to the New York Court of Appeals, arguing that the defendant failed to establish a prima facie case of discrimination and that ordering a new trial deprived them of the opportunity to offer non-pretextual, race-neutral reasons for the peremptory challenges.

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 Appellate Division erred in ordering a new trial without first providing the prosecution an opportunity to offer race-neutral explanations for the peremptory challenges?

Holding

1. Yes, because the prosecutor’s disproportionate use of peremptory challenges to strike black venirepersons, who were a heterogeneous group, raised an inference of discrimination.

2. Yes, because the People were effectively deprived of their opportunity to present their case when the trial court summarily rejected their offer to explain the challenges, and fairness dictates they be given that opportunity.

Court’s Reasoning

The court stated that racially motivated peremptory challenges violate the Equal Protection Clause. To establish a prima facie case, a defendant must show membership in a cognizable racial group, the prosecutor’s use of peremptory challenges to remove members of the defendant’s race, and circumstances raising an inference that the challenges were used to exclude jurors based on race. The Court found the high number of strikes against black jurors (7 out of 10) established a pattern. The court emphasized that even if some black jurors remain, excluding others based on race is a Batson violation because it harms both the defendant and the excluded jurors, undermining public confidence in the justice system. The court stated, “The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community…Discrimination within the judicial system is most pernicious because it is ‘a stimulant to that race prejudice which is an impediment to securing to [black citizens] that equal justice which the law aims to secure to all others.’” (quoting Batson v. Kentucky, 476 U.S. at 87-88). The Court remanded the case to allow the prosecution to offer race-neutral explanations because the trial court originally prevented them from doing so.