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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2002
290 A.D.2d 367 (N.Y. App. Div. 2002)

Opinion

52

January 29, 2002.

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered December 4, 1998, convicting defendant, after a jury trial, of four counts of grand larceny in the fourth degree and three counts of criminal possession of stolen property in the fourth degree, and sentencing her, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

HOPE KORENSTEIN, for respondent.

ROSALI VAZQUEZ, for defendant-appellant.

Before: Williams, J.P., Mazzarelli, Rosenberger, Wallach, Lerner, JJ.


The court properly denied defendant's application made pursuant toBatson v. Kentucky ( 476 U.S. 79). The record supports the court's determination that the prosecutor's proffered justifications for striking three prospective jurors were not pretextual. The court's findings in this regard are entitled to "great deference" (People v. Hernandez, 75 N.Y.2d 350, 356, affd 500 U.S. 352). The court properly credited the prosecutor's disclaimer of having treated similarly-situated panelists disparately on the basis of race, since there were significant differences in the situations of the challenged and unchallenged panelists at issue.

During jury selection, the court properly exercised its discretion in imposing reasonable time limits upon voir dire and in precluding several questions by defense counsel that were repetitious and improper in form (see, People v. Jean, 75 N.Y.2d 744; People v. Boulware, 29 N.Y.2d 135, 140, cert denied 405 U.S. 995). Defendant was not precluded from pursuing any relevant lines of inquiry.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2002
290 A.D.2d 367 (N.Y. App. Div. 2002)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LINDA SMITH…

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

Date published: Jan 29, 2002

Citations

290 A.D.2d 367 (N.Y. App. Div. 2002)
737 N.Y.S.2d 843

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