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People v. Merritt

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2010
74 A.D.3d 648 (N.Y. App. Div. 2010)

Opinion

June 22, 2010.

Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered February 4, 2008, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Before: Tom, J.P., Mazzarelli, Sweeny, Freedman and Abdus-Salaam, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the jury's determinations concerning identification and credibility.

The court properly denied defendant's application pursuant to Batson v Kentucky ( 476 US 79). The record supports the court's finding that the nondiscriminatory reasons provided by the prosecutor for the challenges in question were not pretextual, a credibility determination that is entitled to great deference ( see People v Hernandez, 75 NY2d 350, affd 500 US 352).

We perceive no basis for reducing the sentence.


Summaries of

People v. Merritt

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2010
74 A.D.3d 648 (N.Y. App. Div. 2010)
Case details for

People v. Merritt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. MERRITT…

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

Date published: Jun 22, 2010

Citations

74 A.D.3d 648 (N.Y. App. Div. 2010)
902 N.Y.S.2d 359