A Long Island man will get a new trial after a state appeals court found a juror was improperly dismissed because his race was the same as the defendant’s.
Richard Fabregas was initially convicted in 2011 of a second-degree weapons possession charge. The court decision handed down Wednesday says Fabregas will need a new trial because the prosecutor had acted “in a discriminatory manner” by asking for a Hispanic juror to be excused.
She argued that the man seemed not to grasp the judge’s questions. But Fabregas’s lawyer said it was since both he and Fabregas are Hispanic.