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People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 462 (N.Y. App. Div. 2002)

Opinion

99-11117

February 11, 2002

March 11, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered November 17, 1999, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Dawn E. Scott of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel Schlachet of counsel), for respondent.

SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, and SANDRA L. TOWNES, JJ.


ORDERED that the judgment is affirmed.

Pursuant to Batson v. Kentucky ( 476 U.S. 79) and its progeny, the third step in analyzing whether a peremptory challenge to a prospective juror violates the Equal Protection Clause requires the trial court to decide whether the opponent has proved purposeful discrimination (see, People v. Payne, 88 N.Y.2d 172, 181; People v. Allen, 86 N.Y.2d 101, 104; People v. Richie, 217 A.D.2d 84, 85). We find no reason to disturb the trial court's determination that the proffered race-neutral reason was pretextual.

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05).


Summaries of

People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 462 (N.Y. App. Div. 2002)
Case details for

People v. Coleman

Case Details

Full title:THE PEOPLE, etc., RESPONDENT, v. JAMES COLEMAN, APPELLANT

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

Date published: Mar 11, 2002

Citations

292 A.D.2d 462 (N.Y. App. Div. 2002)
738 N.Y.S.2d 877