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People v. Belcher

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 1999
264 A.D.2d 742 (N.Y. App. Div. 1999)

Opinion

Argued May 24, 1999

September 13, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered May 16, 1997, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Todd A. Landau of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Victor Barall of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN and WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the trial court erred in determining, over his objection, that the People had established a prima facie case of discrimination in support of a reverse Batson challenge ( see, Batson v. Kentucky, 476 U.S. 79; People v. Payne, 88 N.Y.2d 172; People v. Kern, 75 N.Y.2d 638, cert denied 498 U.S. 824). However, because the court ruled on the ultimate issue of whether the race-neutral reasons proffered by the defense were pretextual, the issue of whether or not the People established a prima facie case of discrimination is academic ( see, People v. Payne, supra, at 181-182; People v. Franklin, 248 A.D.2d 726; People v. Hill, 245 A.D.2d 464).

RITTER, J.P., THOMPSON, ALTMAN, and FRIEDMANN, JJ., concur.


Summaries of

People v. Belcher

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 1999
264 A.D.2d 742 (N.Y. App. Div. 1999)
Case details for

People v. Belcher

Case Details

Full title:The PEOPLE, etc., respondent, v. ANTHONY BELCHER, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 13, 1999

Citations

264 A.D.2d 742 (N.Y. App. Div. 1999)
695 N.Y.S.2d 575