Opinion
November 15, 1988
Appeal from the Monroe County Court, Bergin, J.
Present — Doerr, J.P., Pine, Balio and Davis, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant complained at his trial in 1982 that the prosecutor improperly struck the only two black persons on the panel from his jury. The prosecutor gave a conclusory explanation for his peremptory challenges. Voir dire was not recorded, more than six years have elapsed since the trial, the Trial Judge is no longer in County Court and defense counsel has died. These factors require a new trial (see, People v. Scott, 70 N.Y.2d 420). We find no merit to any other issue raised on appeal.