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People v. Walters

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

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


Ordered that the judgment is affirmed.

The trial court properly found that the People had made the requisite prima facie showing that the defense was using its peremptory challenges in an impermissibly discriminatory manner ( see, Batson v. Kentucky, 476 U.S. 79; People v. Childress, 81 N.Y.2d 263; People v. Stiff, 206 A.D.2d 235, cert. denied 516 U.S. 832). Moreover, we find no basis for disturbing the determination of the trial court, which is given great deference on appeal, that the explanations proffered by defense counsel, although facially race-neutral, were merely pretextual ( see, Hernandez v. New York, 500 U.S. 352; People v. Jones, 204 A.D.2d 485; People v. Mondello, 191 A.D.2d 462, 463).

The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit.

Sullivan, J.P., Friedmann, Florio and Luciano, JJ., concur.


Summaries of

People v. Walters

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

People v. Walters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHIVNARINE WALTERS…

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 494 (N.Y. App. Div. 1998)
668 N.Y.S.2d 930

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