Batson claim. The Second Circuit rejected a Batson challenge of a criminal defendant because there the record did not disclose sufficent evidence support his claim that the prosecutors were using their peremptory challenges to keep minorities off the jury. Since the criminal defendant bore the burden of proof, the Court rejected his appeal of an order denying his habeas petition. Judge Pooler dissented from the ruling.

The decision in Sorto v. Herbert can be found here.