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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 609 (N.Y. App. Div. 2001)

Opinion

Submitted January 23, 2001

February 20, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered October 6, 1998, convicting him of robbery in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Alex Sierck of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Michael Gore of counsel), for respondent.

Before: RITTER, J.P., ALTMAN, FRIEDMANN and SMITH, JJ., concur.


DECISION ORDER

ORDERED that the judgment is affirmed.

After the defendant's counsel exercised peremptory challenges to three white prospective jurors, the prosecutor raised a reverse-Batson objection (see, Batson v. Kentucky, 476 U.S. 79). The Supreme Court concluded that the facially race-neutral reasons proffered by the defendant's counsel for the challenges were pretextual. The Supreme Court's determination is entitled to great deference on appeal and will not be disturbed where, as here, it is supported by the record (see, People v. Miller, 266 A.D.2d 478).

The defendant's remaining contention is without merit (see, People v. Garcia, 219 A.D.2d 669; People v. Thomas, 174 A.D.2d 994).


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 609 (N.Y. App. Div. 2001)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. EMANUEL BROWN, APPELLANT. (Ind. No…

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

Date published: Feb 20, 2001

Citations

280 A.D.2d 609 (N.Y. App. Div. 2001)
720 N.Y.S.2d 825

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