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People v. Santana

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 265 (N.Y. App. Div. 1997)

Opinion

January 16, 1997.

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered May 5, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree and criminally negligent homicide, and sentencing him to concurrent terms of 4 to 12 years and 1 1/3 to 4 years, respectively, unanimously affirmed.

Before: Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.


The court properly seated a venireperson whom defendant had sought to challenge peremptorily. The court's implicit finding that defendant's preferred race-neutral explanations were pretextual is supported by the record ( see, People v Payne, 88 NY2d 172, 185). Having given both parties ample opportunity to advance their positions, the trial court was entitled promptly to rule on the question of pretext, and defendant failed to raise any objections ( see, supra, at 184).

We perceive no abuse of sentencing discretion.


Summaries of

People v. Santana

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 265 (N.Y. App. Div. 1997)
Case details for

People v. Santana

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SANTANA, Appellant

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

Date published: Jan 16, 1997

Citations

235 A.D.2d 265 (N.Y. App. Div. 1997)
652 N.Y.S.2d 525

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