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People v. Contreras

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 685 (N.Y. App. Div. 1993)

Opinion

June 14, 1993

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


Ordered that the judgment is affirmed.

Although the prosecutor improperly argued in summation that the defendant failed to "explain" the evidence adduced by the People, the trial court averted any potential prejudice by promptly instructing the jury that the burden of proof remained on the People (see, People v. Berg, 59 N.Y.2d 294, 299-300). We also find that the challenged comments made by the prosecutor regarding the credibility of the People's witnesses represented a fair response to the defense counsel's own summation (see, People v. Arce, 42 N.Y.2d 179; People v. Mason, 170 A.D.2d 464; People v. Waldron, 154 A.D.2d 635).

The defendant further contends that the prosecutor's use of peremptory challenges against the only two Hispanic jurors in the jury pool was in violation of Batson v. Kentucky ( 476 U.S. 79). However, as defense counsel failed to articulate any facts or other relevant circumstances raising an inference of purposeful exclusion on the basis of race, we cannot find, on the record before us, that the defendant established a prima facie case of discrimination (see, People v. Childress, 81 N.Y.2d 263; People v Bolling, 79 N.Y.2d 317, 324). Mangano, P.J., O'Brien, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Contreras

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 685 (N.Y. App. Div. 1993)
Case details for

People v. Contreras

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICO CONTRERAS…

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

Date published: Jun 14, 1993

Citations

194 A.D.2d 685 (N.Y. App. Div. 1993)
599 N.Y.S.2d 1004

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