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People v. Pagano

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1995
216 A.D.2d 71 (N.Y. App. Div. 1995)

Opinion

June 13, 1995

Appeal from the Supreme Court, Bronx County, Elbert C. Hinkson, J., Frank Diaz, J.


In our prior order, we found that the verdict was not based on legally insufficient evidence, nor was it against the weight of the evidence. We also found that defendant's speedy trial motion was properly denied because defendant failed to preserve his claim that the People proffered insufficient medical proof that the complainant was unable to testify and because, were we to review the merits, the medical affirmation adequately supported the complainant's unavailability ( People v. Pagano, 207 A.D.2d 685).

We held the appeal in abeyance, however, based upon the trial court's failure to require the People to explain their first-round peremptory jury challenges and remanded the matter to Supreme Court for a Batson hearing. The Supreme Court, following hearings held on January 13, 1995 and January 27, 1995, concluded that the prosecution had provided race-neutral explanations for the exercise of the challenges. We now affirm.

As set forth in greater detail in the companion case of People v. Mancini ( 219 A.D.2d 456), the prosecutor stated a race-neutral explanation for striking the prospective jurors during the first round of voir dire ( Batson v. Kentucky, 476 U.S. 79, 96-97; People v. Simmons, 79 N.Y.2d 1013, 1015), employing a method based upon juror characteristics other than race ( Hernandez v. New York, 500 U.S. 352, 360). The burden then shifts to the defense to demonstrate that the reasons proffered for striking the prospective jurors are pretextual ( see, e.g., United States v Scott, 26 F.3d 1458, 1465, cert denied sub nom. Richard v. United States, ___ US ___, 115 S Ct 584).

In the matter before us, the defendant has failed to meet his burden as the voir dire process was directed at the teaching profession and, given the inexactness of the act of jury selection, an attorney is entitled to rely on personal experience with those employed in a particular capacity in screening potential jurors ( United States v. Johnson, 4 F.3d 904, 912-914, cert denied ___ US ___, 114 S Ct 1082). The prosecutor herein utilized a profile of the ideal juror tailored to the particular case and the profile was consistently applied across racial lines ( People v. Epps, 176 A.D.2d 293, lv denied 78 N.Y.2d 1127).

Concur — Sullivan, J.P., Wallach, Williams and Tom, JJ.


Summaries of

People v. Pagano

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1995
216 A.D.2d 71 (N.Y. App. Div. 1995)
Case details for

People v. Pagano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PAGANO, Appellant

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

Date published: Jun 13, 1995

Citations

216 A.D.2d 71 (N.Y. App. Div. 1995)
628 N.Y.S.2d 68