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People v. Lumpkin

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1995
213 A.D.2d 269 (N.Y. App. Div. 1995)

Opinion

March 21, 1995

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


The court properly disallowed a peremptory challenge by the defense. After the People undisputedly made out a prima facie case of racial discrimination, the court found that defendant's purported race-neutral explanation for his challenge of a juror was pretextual, and that factual finding is entitled to great deference (People v. Hernandez, 75 N.Y.2d 350, 356-357, affd 500 U.S. 352).

The People's summation was a proper response to defense arguments, and stayed within the broad bounds of permissible advocacy (People v. Galloway, 54 N.Y.2d 396, 399). In any event, nothing in the People's summation could have deprived defendant of a fair trial, given the overwhelming evidence of guilt, particularly on the issue of knowing possession of stolen property (see, People v. Galbo, 218 N.Y. 283, 290).

Concur — Sullivan, J.P., Wallach, Asch, Nardelli and Williams, JJ.


Summaries of

People v. Lumpkin

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1995
213 A.D.2d 269 (N.Y. App. Div. 1995)
Case details for

People v. Lumpkin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH LUMPKIN…

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

Date published: Mar 21, 1995

Citations

213 A.D.2d 269 (N.Y. App. Div. 1995)
624 N.Y.S.2d 821