Opinion
July 24, 1989
Appeal from the County Court, Westchester County (Marasco, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
We agree with both the defendant's contention and the People's concession that a prima facie showing of a violation of Batson v Kentucky ( 476 U.S. 79) has been established by the defendant (see, People v Scott, 70 N.Y.2d 420), as there are sufficient inferences which may be drawn from the record to warrant the conclusion that the prosecutor may have utilized his peremptory challenges to remove venire members of the defendant's race from the jury (see also, People v Mack, 143 A.D.2d 280; People v James, 132 A.D.2d 932; People v Howard, 128 A.D.2d 804). Under the circumstances, the prosecution had the burden of coming forward with a neutral explanation for the use of its challenges (Batson v Kentucky, supra; People v Mack, supra). Generally a hearing is required where, as here, there is no explanation of the challenges on the record (see, e.g., People v Howard, supra). However, the People concede in their brief on appeal that if a hearing were to be held they would be unable to offer any explanation for the prosecutor's challenges and that a new trial is warranted under the circumstances of this case. Accordingly, a new trial is ordered.
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Eiber, Sullivan and Balletta, JJ., concur.