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People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 780 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

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


Ordered that the judgment is affirmed.

It is now well settled that the racially-motivated use of peremptory challenges violates both the State and Federal Constitutions (see, Batson v Kentucky, 476 U.S. 79; see also, People v Childress, 81 N.Y.2d 263). However, before receiving the constitutional protections afforded by Batson and its progeny, the party asserting the claim bears the burden of demonstrating a prima facie case of purposeful discrimination by the opposition (see, People v Smith, 81 N.Y.2d 875). The defendant failed to show facts and other relevant circumstances that would support an inference of impermissible discrimination by the prosecution in the exercise of its peremptory challenges (see, People v Childress, 81 N.Y.2d, at 266, supra; People v Steele, 79 N.Y.2d 317, 325).

Under the circumstances of this case, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contention and find it to be without merit. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 780 (N.Y. App. Div. 1995)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN MITCHELL…

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

Date published: May 30, 1995

Citations

215 A.D.2d 780 (N.Y. App. Div. 1995)
627 N.Y.S.2d 972