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FILE - This Sunday, July 6, 2014 file photo, Dave Chappelle performs at the Essence Festival in New Orleans. Assistant District Attorney Anastasia Martin on Monday, July 27, 2015 told the Santa Fe New Mexican that jury selection is scheduled for Sept. 23, 2015 for the trial of Christian Englander, the 31-year-old man accused of throwing a banana peel at Chappelle during a New Mexico performance. (AP Photo/Gerald Herbert, File)

FILE - This Sunday, July 6, 2014 file photo, Dave Chappelle performs at the Essence Festival in New Orleans. Assistant District Attorney Anastasia Martin on Monday, July 27, 2015 told the Santa Fe New Mexican that jury selection is scheduled for Sept. 23, 2015 for the trial of Christian Englander, the 31-year-old man accused of throwing a banana peel at Chappelle during a New Mexico performance. (AP Photo/Gerald Herbert, File)

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