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People v. King

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 408 (N.Y. App. Div. 2000)

Opinion

Submitted January 3, 2000

February 10, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 7, 1998, convicting him of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Maria Barous Hartofilis, Astoria, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Lisa Drury of counsel; Sabine L. Noisette on the brief), for respondent.

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court properly determined that the race-neutral reason offered by the prosecutor for striking a black prospective juror was not pretextual as the prosecutor clearly related the prospective juror's work and family background to the facts of the case (see, People v. Richie, 217 A.D.2d 84 ).

The defendant's contention that the prosecutor's summation remarks were improper is largely unpreserved for appellate review, and, in any event, without merit (see, CPL 470.05[2]; People v. Galloway, 54 N.Y.2d 396 ; People v. Saks, 256 A.D.2d 479 ).

The defendant's remaining contentions are without merit.


Summaries of

People v. King

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 408 (N.Y. App. Div. 2000)
Case details for

People v. King

Case Details

Full title:THE PEOPLE, etc., respondent, v. JAMES KING, appellant. (Ind. No. 10188/97)

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 408 (N.Y. App. Div. 2000)
704 N.Y.S.2d 263