From Casetext: Smarter Legal Research

People v. Donawa

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 489 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered April 10, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: Miller, J. P., Santucci, Joy and Krausman, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court correctly applied the three-step analysis in addressing the prosecutor's reverse-Batson application following defense counsel's exercise of peremptory challenges against nine white prospective jurors ( see, Batson v Kentucky, 476 US 79; People v Kern, 75 NY2d 638; People v Richie, 217 AD2d 84). Furthermore, the court properly disallowed two of the peremptory strikes after determining that defense counsel's facially race-neutral reasons for challenging those two prospective jurors constituted merely a pretext offered in an effort to conceal a racially discriminatory intent ( see, People v Payne, 88 NY2d 172; People v Hernandez, 75 NY2d 350; People v Waldo, 221 AD2d 390; People v Watson, 216 AD2d 596; People v Stiff, 206 AD2d 235).

The defendant's remaining contention is without merit.


Summaries of

People v. Donawa

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 489 (N.Y. App. Div. 1997)
Case details for

People v. Donawa

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. CARY DONAWA, Appellant

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

Date published: Jan 21, 1997

Citations

235 A.D.2d 489 (N.Y. App. Div. 1997)
652 N.Y.S.2d 998

Citing Cases

People v. Covington

Contrary to the defendant's contention, the Supreme Court did not err in disallowing one of his peremptory…