New York Court of Appeals Roundup: Court Resolves Issues Arising out of ‘Batson’ Challenges
In their monthly column in the New York Law Journal, Roy Reardon and Mary Elizabeth McGarry discuss the Court of Appeals’ decision on four cases arising out of “Batson” or “reverse Batson” challenges in an opinion that discussed in detail the Batson protocol for trial courts and standard of review. One of those cases also raised the issue of whether improper denial of a peremptory challenge automatically constitutes reversible error. The Court held that it does. In another decision, the Court answered questions certified to it by the U.S. Court of Appeals for the Second Circuit concerning CPLR 214-c, which addresses statutes of limitations in the circumstances of a latent disease.
Finally, the Court addressed the admissibility of patient statements reflected in medical records, finding them admissible under the business records exception to the hearsay rule if the statements are relevant to the diagnosis or treatment of the patient.