From Casetext: Smarter Legal Research

People v. Dunston

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1992
181 A.D.2d 410 (N.Y. App. Div. 1992)

Opinion

March 3, 1992

Appeal from the Supreme Court, Bronx County (Edward M. Davidowitz, J.).


Contrary to defendant's principal claim on appeal, the prosecutor did not use his peremptory challenges in a discriminatory manner. We agree with the trial court that the reasons advanced by the prosecutor for his peremptory challenges of eight African-American prospective jurors were raceneutral, and thus no violation of Batson v Kentucky ( 476 U.S. 79) was established. As finally constituted, the jury, including alternates, was composed of fourteen persons: nine African-Americans, two Latinos, and three whites. Moreover, the jury's verdict was not against the weight of the evidence (CPL 470.15).

Concur — Carro, J.P., Milonas, Rosenberger, Ellerin and Smith.


Summaries of

People v. Dunston

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1992
181 A.D.2d 410 (N.Y. App. Div. 1992)
Case details for

People v. Dunston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DUNSTON…

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

Date published: Mar 3, 1992

Citations

181 A.D.2d 410 (N.Y. App. Div. 1992)