The Appellate Division Second Department reversed a 2016 manslaughter conviction and sent the case back to Queens Supreme Court, stating that the court should not have allowed prosecutors to dismiss a prospective black juror. The four judges released their unanimous decision on Wednesday.
Diamonte Alexander was convicted by a jury of first-degree manslaughter and second-degree criminal possession of a weapon in 2016. Alexander was found guilty of causing the death of Peren Phillippe, 21, as Phillippe exited a subway in Far Rockaway in November 2012.
The four Appellate Division judges wrote that the lower court “failed to determine whether the prosecutor provided sufficient race-neutral explanations for challenging the potential juror.” Justice Gregory Lasak presided at the trial.