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People v. Ralph

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 668 (N.Y. App. Div. 1999)

Opinion

January 25, 1999.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress identification testimony on the ground that the police did not have probable cause to arrest him ( see, People v. Carrasquillo, 54 N.Y.2d 248, 254; People v. McRay, 51 N.Y.2d 594; People v. Gittens, 211 A.D.2d 242).

The trial court properly determined that the explanation proffered by the defense counsel for the exercise of his peremptory challenge against a prospective juror was mere pretext offered in an attempt to conceal a racial and/or gender discriminatory intent. That determination is entitled to great deference on appeal and will not be disturbed where, as here, it is supported by the record ( see, Hernandez v. New York, 500 U.S. 352; People v. Jupiter, 210 A.D.2d 431; People v. Guess, 208 A.D.2d 559).

The defendant's remaining contentions are unpreserved for appellate review, and in any event, are without merit.

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

People v. Ralph

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 668 (N.Y. App. Div. 1999)
Case details for

People v. Ralph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RALPH…

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

Date published: Jan 25, 1999

Citations

257 A.D.2d 668 (N.Y. App. Div. 1999)
682 N.Y.S.2d 635