The People of the State of New York v. Joseph Hecker, Appellant the People of the State of New York v. Anthony…

Summary

Judge Smith dissents from the New York Court of Appeals majority that reversed the conviction in People v. Hecker. He argues that the trial judge’s finding that the peremptory challenge was racially motivated should be afforded great deference and that New York’s automatic‑reversal rule is unwarranted in light of the U.S. Supreme Court’s decision in Rivera. He also questions whether a group defined by both race and sex falls within Batson’s protections. The dissent is joined by Judge Graffeo, who similarly dissents in Hecker but concurs in the other related cases.