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People v. McCants

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 679 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Supreme Court, Queens County (Cooperman, J.).


Ordered that the judgment is affirmed.

The Supreme Court determined that the explanation proffered by the defense counsel to justify his exercise of a peremptory challenge against the subject panelist was mere pretext offered in an attempt to conceal a racially-discriminatory intent. This determination is entitled to great deference on appeal and will not be disturbed where, as here, it is supported by the record (see, People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352; People v. Thomas, 210 A.D.2d 515; People v. Guess, 208 A.D.2d 559; People v. Bailey, 200 A.D.2d 677; People v. Mondello, 191 A.D.2d 462).

The defendant's remaining contentions are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction. Copertino, J.P., Pizzuto, Joy and Friedmann, JJ., concur.


Summaries of

People v. McCants

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 679 (N.Y. App. Div. 1995)
Case details for

People v. McCants

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS McCANTS…

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 679 (N.Y. App. Div. 1995)
624 N.Y.S.2d 936