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People v. Epps

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1991
176 A.D.2d 293 (N.Y. App. Div. 1991)

Opinion

September 23, 1991

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


Ordered that Justice Thompson has been substituted for former Justice Rubin (see, 22 NYCRR 670.1 [c]); and it is further,

Ordered that the judgment is affirmed.

At the outset of the Batson hearing, the prosecutor explained that she sought jurors who satisfied a profile of the ideal juror tailored to this case, i.e., jurors who were over 30 years old, were or had been married, had children, were or had been steadily employed, were relatively educated or intelligent, were not familiar with the scene of the crime or the scene of the arrest, and who had strong community ties (see, People v. Cartier, 149 A.D.2d 524, cert denied 495 U.S. 906; People v. Howard, 143 A.D.2d 943; People v. Bridget, 139 A.D.2d 587; People v. Gregory ZZ., 134 A.D.2d 814). Refreshing her recollection of the jury selection process with her notes of the voir dire, the trial transcript and certain computer sheets reflecting the jurors' biographical data, the prosecutor explained in detail why certain jurors were acceptable to her while others, predominantly those who did not possess the characteristics embodied by her profile, which was applied consistently across racial lines, were not and were, accordingly, peremptorily challenged. In view of the hearing testimony, we agree with the Supreme Court's determination that the prosecutor satisfied her ultimate burden of rebutting the prima facie case of purposeful discrimination in jury selection by articulating clear, specific, and racially neutral explanations for the exercise of her peremptory challenges.

We perceive of no basis upon which to modify the sentence imposed.

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. Thompson, J.P., Kunzeman, Lawrence and Rosenblatt, JJ., concur.


Summaries of

People v. Epps

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1991
176 A.D.2d 293 (N.Y. App. Div. 1991)
Case details for

People v. Epps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY EPPS, Appellant

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

Date published: Sep 23, 1991

Citations

176 A.D.2d 293 (N.Y. App. Div. 1991)
574 N.Y.S.2d 226

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