10 N.Y.3d 499 (2008)
A trial judge has the discretion to remedy a discriminatory peremptory challenge under Batson by requiring the litigant who made the challenge to forfeit that challenge.
Summary
Defendant Ruben Luciano was convicted of criminal possession of a weapon and assault. During jury selection, the defense exercised peremptory challenges to strike all five remaining women and three men. The prosecution raised a Batson challenge, alleging the defense’s strikes were discriminatory. The trial court agreed regarding two of the strikes and seated the two women, prohibiting the defense from reusing those peremptory challenges. The defense argued that forfeiting those strikes violated the statutory right to a prescribed number of challenges. The New York Court of Appeals held that while forfeiture of peremptory challenges is a permissible remedy for Batson violations, the trial court erred by mandating forfeiture without exercising discretion. Thus, the defendant was entitled to a new trial.
Facts
Ruben Luciano was charged with attempted murder, assault, and criminal possession of a weapon for allegedly shooting Angel Rodriguez. During jury selection, defense counsel challenged potential jurors who answered “yes” to whether a witness is more likely to tell the truth after taking an oath and “I don’t know” to whether they had formed an opinion as to defendant’s guilt. After the People exercised peremptory challenges, defense counsel exercised eight peremptory challenges, striking all five remaining women and three men.
Procedural History
The People raised a Batson challenge to defense counsel’s peremptory strikes of all the remaining women. The trial court found that the defense’s explanations for two of the strikes were pretextual and discriminatory. The court seated the two women and prohibited defense counsel from reusing those peremptory challenges. Luciano was convicted and sentenced. The Appellate Division reversed, holding that forfeiting the peremptory challenges violated CPL 270.25 (2). The Court of Appeals affirmed the reversal, but on different grounds.
Issue(s)
Whether a trial judge has the discretion to remedy a Batson violation by requiring the litigant who made the discriminatory challenge to forfeit that improperly exercised challenge?
Holding
Yes, because vesting the trial court with discretion to utilize the forfeiture remedy is consistent with the Batson inquiry and promotes the spirit of Batson, signaling to litigants and to the jury that discrimination will not be tolerated.
Court’s Reasoning
The Court of Appeals addressed whether forfeiting peremptory challenges used in a discriminatory manner is a permissible remedy. The court acknowledged that CPL 270.25 guarantees each party a certain number of peremptory challenges, but the statute predates Batson v. Kentucky and its constitutional limits on peremptory challenges. The statutory language does not explicitly require or prohibit the forfeiture remedy. The court reasoned that Batson recognized the interest of potential jurors in being free from discrimination. “[D]iscrimination in the selection of juries harms the excluded juror by denying this opportunity to participate in the administration of justice, and it harms society by impairing the integrity of the criminal trial process.” The court emphasized that precluding forfeiture as a remedy offers no deterrent effect. Vesting the trial court with discretion to utilize this remedy is consistent with the Batson inquiry, which vests the trial judge with broad discretion to determine the parties’ credibility. Here, because the trial judge believed forfeiture was mandatory rather than discretionary, the defendant was entitled to a new trial.