Opinion
October 30, 1989
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the case is remitted to the County Court, Nassau County, to hear and report on the prosecutor's exercise of peremptory challenges, and the appeal is held in abeyance in the interim. The County Court is to file its report with all convenient speed.
We find merit to the defendant's contention that the prosecutor's use of peremptory challenges to strike the only four black venirepersons from the jury was sufficient to establish a prima facie case of racial discrimination in jury selection (see, Batson v Kentucky, 476 U.S. 79; People v Scott, 70 N.Y.2d 420; People v Jackson, 152 A.D.2d 706; People v Mack, 143 A.D.2d 280; cf., People v Malbon, 144 A.D.2d 698). Under the circumstances, the prosecutor must articulate racially neutral explanations for the exclusion of these individuals (see, People v Sandy, 150 A.D.2d 625; People v Hassell, 149 A.D.2d 530; People v Howard, 128 A.D.2d 804). Accordingly, the matter is remitted for an evidentiary hearing during which time the appeal from the judgment of conviction is held in abeyance (see, People v Howard, supra; People v Lincoln, 145 A.D.2d 924). Bracken, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.