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People v. Holman

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 488 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Queens County (Buchter, J.).


Ordered that the judgment is affirmed.

The defendant failed to object to the reasons proffered by the prosecutor for peremptorily challenging three prospective black jurors. Thus, the defendant has failed to preserve for appellate review his contention that those reasons were pretextual (see, CPL 470.05; People v. Cruz, 200 A.D.2d 581; People v. Bowman, 185 A.D.2d 891). In any event, we find no basis in the record for disturbing the trial court's determination that the reasons proffered by the prosecutor were racially neutral (see, Batson v Kentucky, 476 U.S. 79; People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352; People v. Smith, 192 A.D.2d 628).

The sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit. Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.


Summaries of

People v. Holman

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 488 (N.Y. App. Div. 1995)
Case details for

People v. Holman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY HOLMAN…

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 488 (N.Y. App. Div. 1995)
628 N.Y.S.2d 549

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