People v Allah McCall

People v McCall 2004 NY Slip Op 01800 [5 AD3d 608] March 15, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

The People of the State of New York, Respondent,
v
Allah McCall, Appellant.

—

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 5, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The People correctly concede that the Supreme Court committed reversible error when it permitted the prosecutor to exercise a peremptory challenge to exclude a prospective juror because she was of Jamaican ancestry (see People v McCorkle, 278 AD2d 249 [2000]).

The defendant's remaining contention is without merit. Florio, J.P., Schmidt, Mastro and Rivera, JJ., concur.