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People v. Lowery

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 594 (N.Y. App. Div. 1998)

Opinion

December 28, 1998

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the amended judgment is affirmed.

Upon remand by the Court of Appeals ( see, People v. Lowery, 88 N.Y.2d 172), the Supreme Court properly determined that the People satisfied their burden of demonstrating that the defendant's explanation for challenging the prospective juror in question was a pretext for racial discrimination ( see, Batson v. Kentucky, 476 U.S. 79; People v. Kern, 75 N.Y.2d 638). Although defense counsel professed concern that the prospective juror's neighborhood reflected a potential for bias against the defendant, counsel did not relate this concern to the facts of this case, and there is no objective evidence in the record to support counsel's subjective impressions ( see, People v. Jones, 223 A.D.2d 559; People v. Richie, 217 A.D.2d 84).

The defendant's remaining contentions are without merit.

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.


Summaries of

People v. Lowery

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 594 (N.Y. App. Div. 1998)
Case details for

People v. Lowery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES LOWERY…

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

Date published: Dec 28, 1998

Citations

256 A.D.2d 594 (N.Y. App. Div. 1998)
682 N.Y.S.2d 877

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