The prosecutor said that she believed the potential juror was too young and inexperienced to serve on a murder trial, according to the Appellate Division decision. After additional questioning of the juror, the court determined that the person seemed to have difficulty understanding the questions and that he seemed to have “a glazed-eye look.”

The court determined that the peremptory challenge was not “in any way based on any discrimination,” but did not rule on Alexander’s Batson challenge, according to court documents.

“Under these circumstances, the Supreme Court failed in its duty to determine whether the prosecutor’s race-neutral explanations were credible,” the Appellate judges wrote.

Alexander’s first trial ended in a mistrial in 2015. He was convicted at the retrial in 2016.