Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Kevin Goldbeck, Appellant

193 A.D.2d 617597 N.Y.S.2d 602·New York Supreme Court, Appellate Division·1993·NY

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Opinion

The People of the State of New York, Respondent, v Kevin Goldbeck, Appellant. [597 NYS2d 602] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered November 21, 1989, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered. The defendant’s contention that the prosecutor exercised peremptory challenges to potential venirepersons in a racially-motivated manner, violating the standard established by Batson v Kentucky (476 US 79), is supported by the record (see, People v Brown, 193 AD2d 611 [decided herewith]). We have examined the defendant’s remaining contentions and find that they are unpreserved for appellate review or without merit. Sullivan, J. P., Balletta, Lawrence and Eiber, JJ., concur.