People v. McCray, 57 N.Y.2d 482 (1982)

A prosecutor’s use of peremptory challenges to exclude potential jurors based on race does not violate the New York Constitution unless a pattern of systematic exclusion over time is demonstrated, aligning with the Supreme Court’s holding in Swain v. Alabama.

Summary

McCray was convicted of robbery. During jury selection, the defense argued the prosecutor unlawfully used peremptory challenges to exclude black and Hispanic jurors and moved for a mistrial or a hearing. The trial court denied the motions, relying on Swain v. Alabama, which held that a prosecutor’s motives are not subject to scrutiny based solely on the manner in which peremptory challenges are exercised in a single case. The New York Court of Appeals affirmed the conviction, holding that the State Constitution does not compel a departure from Swain, and the peremptory challenge system does not require prosecutors to justify their use of such challenges absent a showing of systematic exclusion of minority jurors over time.

Facts

Philip Roberts, a student, was robbed at gunpoint. Roberts later identified McCray in a group on a street corner. During jury selection, the prosecutor used 8 of 11 peremptory challenges to exclude all black and the only Hispanic prospective juror.

Procedural History

The defense moved for a mistrial or a hearing, claiming the prosecutor unlawfully used peremptory challenges based on race. The trial court denied the motions. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the trial court erred in denying the defendant’s motion for a mistrial or a hearing to inquire into the prosecutor’s motives for exercising peremptory challenges to exclude potential jurors based on their race or ethnicity, in the absence of a showing of a systematic pattern of discrimination.

Holding

No, because the New York Constitution does not compel a departure from the Supreme Court’s holding in Swain v. Alabama, which requires a showing of systematic exclusion of minority jurors over a period of time, not just in a single case, before requiring the prosecutor to justify the use of peremptory challenges.

Court’s Reasoning

The court emphasized the distinction between the jury pool and the selected jury. The Sixth Amendment requires the jury pool to be a representative cross-section of the community, but prospective jurors can be excluded through cause and peremptory challenges. A peremptory challenge requires no assigned reason. The court in Swain v. Alabama determined that a prosecutor’s motives for striking particular jurors may not be scrutinized based solely on the assertion that peremptories are being used to exclude minorities; systematic exclusion over time must be shown. The court stated, “[T]he peremptory challenge ‘must be exercised with full freedom, or it fails of its full purpose.’” The court declined to convert the peremptory challenge system into one based solely on challenges for cause, as doing so would eliminate subtle biases that voir dire may fail to uncover. Requiring prosecutors to justify peremptory challenges would lead to more extensive voir dire and evidentiary hearings, causing unwarranted delays. “[O]ne who discriminates ‘cannot be expected to declare or announce his purpose. Far more likely is it that he will pursue his discrimination practices in ways that are devious, by methods subtle and elusive.”‘ The court found no basis for rejecting the holding of Swain v. Alabama, concluding that the benefits of requiring justification for peremptory challenges are outweighed by the damage to a system that guarantees a fair and impartial jury.