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People v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 524 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

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


Ordered that the judgment is affirmed.

The reasons proffered by the prosecutor for excusing two black jurors were race-neutral on their face, and the trial court's acceptance of those reasons is entitled to great deference (see, People v. Allen, 86 N.Y.2d 101). Although the prosecutor gave no reasons for peremptorily challenging certain black jurors after the second round of jury selection, the defendant at that juncture did not ask for reasons or raise a claim pursuant to Batson v. Kentucky ( 476 U.S. 79). Accordingly, his claim on appeal that the prosecutor exercised his peremptory challenges in a racially-discriminatory fashion during the second round of jury selection is unpreserved for appellate review.

The defendant's remaining contentions are unpreserved for appellate review, without merit, or constitute harmless error. Bracken, J.P., O'Brien, Goldstein and Florio, JJ., concur.


Summaries of

People v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 524 (N.Y. App. Div. 1996)
Case details for

People v. McDonald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY McDONALD…

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 524 (N.Y. App. Div. 1996)
644 N.Y.S.2d 304