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People v. Rascoe

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2001
287 A.D.2d 524 (N.Y. App. Div. 2001)

Opinion

(Ind. No. 13382/97)

Submitted September 20, 2001.

October 9, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered January 5, 1999, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Debra E. Baker of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, NANCY E. SMITH, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

We have previously examined the issues raised on this appeal on the codefendant's appeal (see, People v. Fergas, 272 A.D.2d 340). In Fergas, we held that the trial court properly determined that the facially race-neutral reasons proffered by the codefendant's counsel in response to the People's reverse-Batson objection were pretextual (see, People v. Louis, 239 A.D.2d 435; People v. Richie, 217 A.D.2d 84; People v. Bailey, 200 A.D.2d 677; see also, People v. Willard, 226 A.D.2d 1014; People v. Jupiter, 210 A.D.2d 431). The same result is required here, since the defendant's counsel also proffered reasons which were pretextual in response to the People's reverse-Batson objection.

O'BRIEN, J.P., FRIEDMANN, SMITH and COZIER, JJ., concur.


Summaries of

People v. Rascoe

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2001
287 A.D.2d 524 (N.Y. App. Div. 2001)
Case details for

People v. Rascoe

Case Details

Full title:THE PEOPLE, ETC, RESPONDENT, v. RONALD RASCOE, APPELLANT

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

Date published: Oct 9, 2001

Citations

287 A.D.2d 524 (N.Y. App. Div. 2001)
731 N.Y.S.2d 633

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