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People v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1994
207 A.D.2d 919 (N.Y. App. Div. 1994)

Opinion

September 26, 1994

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgment is affirmed.


The defendant's contention that he was deprived of his right to participate in the jury selection when the trial court seated two of the jurors that defense counsel had peremptorily challenged is without merit. The prosecution met its burden of establishing a prima facie case of discrimination (see, People v. Simmons, 79 N.Y.2d 1013). Furthermore, the defendant failed to articulate nonpretextual, racially neutral grounds for exercising the peremptory challenges (see, People v. Miller, 144 A.D.2d 94).

We find that the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05), without merit, or do not require reversal in light of the overwhelming proof of guilt (see, People v. Crimmins, 36 N.Y.2d 230). Rosenblatt, J.P., Miller, Ritter and Hart, JJ., concur.


Summaries of

People v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1994
207 A.D.2d 919 (N.Y. App. Div. 1994)
Case details for

People v. Siegel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANNON SIEGEL…

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

Date published: Sep 26, 1994

Citations

207 A.D.2d 919 (N.Y. App. Div. 1994)
616 N.Y.S.2d 982

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