People v. Garcia

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABNER GARCIA, Appellant

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

Date published: Jun 5, 1992

184 A.D.2d 1024 (N.Y. App. Div. 1992)

584 N.Y.S.2d 688

Opinion

June 5, 1992

Appeal from the Supreme Court, Erie County, Glownia, J.

Present — Callahan, J.P., Boomer, Balio, Lawton and Doerr, JJ.

Adjudication unanimously affirmed. Memorandum: The prosecutor offered legitimate raceneutral reasons for the peremptory exclusion of two prospective Black jurors and Supreme Court properly denied defendant's motion for a mistrial (see, Batson v Kentucky, 476 U.S. 79; People v. Hernandez, 75 N.Y.2d 350, affd 500 US ___, 111 S Ct 1859; People v. Simmons, 171 A.D.2d 1053, affd 79 N.Y.2d 1013).

There is no merit to defendant's contention that prosecutorial misconduct during summation deprived him of a fair trial.