New York Court of Appeals

The People of the State of New York v. Michael McCray

December 14, 198257 N.Y.2d 542

Summary

The New York Court of Appeals affirmed the conviction, holding that the prosecutor’s use of peremptory challenges need not be disclosed or justified and that New York’s constitutional provisions do not broaden the federal equal‑protection and Sixth Amendment standards. The Court rejected the defendant’s claim of reversible error and noted that Swain v. Alabama remains controlling. Justice Meyer and Justice Fuchsberg dissented, arguing that the peremptory challenges violated the Sixth Amendment’s fair‑cross‑section requirement.