From Casetext: Smarter Legal Research

People v. Lynn

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 294 (N.Y. App. Div. 1996)

Opinion

February 15, 1996

Appeal from the Supreme Court, Bronx County (John Collins, J.).


Defendant's claim that the trial court failed to require the prosecutor to provide racially-neutral explanations for his peremptory challenges of three "black citizen[s]" is unpreserved for appellate review as a matter of law, since other than merely noting the race of the jurors, defense counsel never requested any relief ( see, People v. Smith, 81 N.Y.2d 875; People v. Green, 181 A.D.2d 693, 694, lv denied 79 N.Y.2d 1049). We decline to review the claim in the interest of justice. Were we to review it, we would find the claim to be without merit since the mere existence of a number of strikes against members of a cognizable group is insufficient, without more, to raise an inference of a pattern of discrimination sufficient to establish a prima facie case ( see, People v. Jenkins, 84 N.Y.2d 1001; People v Childress, 81 N.Y.2d 263).

Concur — Sullivan, J.P., Milonas, Ellerin, Rubin and Kupferman, JJ.


Summaries of

People v. Lynn

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 294 (N.Y. App. Div. 1996)
Case details for

People v. Lynn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARNOLD LYNN, Appellant

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

Date published: Feb 15, 1996

Citations

224 A.D.2d 294 (N.Y. App. Div. 1996)
638 N.Y.S.2d 431

Citing Cases

People v. Velasquez [1st Dept 1999

Thus, the court properly denied defendant's motion to suppress those statements. The trial court properly…

People v. Velasquez

Thus, the court properly denied defendant's motion to suppress those statements. The trial court properly…