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People v. Black

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1998
256 A.D.2d 45 (N.Y. App. Div. 1998)

Opinion

December 3, 1998

Appeal from the Supreme Court, New York County (John Bradley, J.).


According due deference to the court's assessment of defendant's proffered explanation for the peremptory challenge that was disallowed, we find that, in view of the record of the entire voir dire, the court properly concluded that the explanation was pretextual (People v. Hernandez, 75 N.Y.2d 350, 356-358, affd 500 U.S. 352).

Defendant was properly convicted of criminal use of a firearm in the first degree based upon the underlying crime of murder in the second degree, even though that crime is a class A-I felony, since, by committing murder in the second degree, defendant necessarily also committed attempted murder in the second degree and manslaughter in the first degree, which are lesser included offenses of second-degree murder and class B violent felony offenses enumerated in Penal Law § 70.02 (1). Contrary to defendant's argument, it is immaterial, for these purposes, that the evidence clearly established defendant's guilt of murder (see, People v. Tavormina, 257 N.Y. 84).

Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.


Summaries of

People v. Black

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1998
256 A.D.2d 45 (N.Y. App. Div. 1998)
Case details for

People v. Black

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BLACK, Appellant

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

Date published: Dec 3, 1998

Citations

256 A.D.2d 45 (N.Y. App. Div. 1998)
682 N.Y.S.2d 138

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