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People v. Reid

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 608 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Steinhardt, J., at hearing; Gary, J., at trial and sentence), rendered May 4, 1995, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's assertions, there existed probable cause for his arrest ( see, People v. Washington, 87 N.Y.2d 945; People v. Maldonado, 86 N.Y.2d 631). Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The defendant failed to sustain his burden of showing that the race-neutral reasons proffered by the prosecutor for peremptorily striking several black women from the venire panel were merely pretextual ( see, Batson v. Kentucky, 476 U.S. 79; Purkett v Elem, 514 U.S. 765; People v. Allen, 86 N.Y.2d 101; People v McMichael, 218 A.D.2d 671).

The defendant's remaining contentions are without merit. O'Brien, J.P., Ritter, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Reid

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 608 (N.Y. App. Div. 1997)
Case details for

People v. Reid

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARRIFF REID…

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 608 (N.Y. App. Div. 1997)
657 N.Y.S.2d 957