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People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 465 (N.Y. App. Div. 2000)

Opinion

Submitted February 24, 2000.

April 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reinaldo E. Rivera, J.), rendered May 13, 1998, convicting her of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (David Crow of counsel; Dennis Monaco on the brief), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly seated a white prospective juror against whom defense counsel and counsel for the codefendant had jointly exercised a peremptory challenge. Counsel for the defendant originally stated that he did not object to the juror, and only offered a race-neutral explanation for the challenge after counsel for the codefendant admitted that he had no basis for his challenge other than a "gut feeling". Accordingly, the court properly rejected the later, race-neutral explanation (see, People v. Kern, 75 N.Y.2d 638, 657-658 ; People v. Jupiter, 210 A.D.2d 431 ).

The sentence imposed was not excessive (see, People v. Delgado, 80 N.Y.2d 780, 781-782 ; People v. Suitte, 90 A.D.2d 80 ).


Summaries of

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 465 (N.Y. App. Div. 2000)
Case details for

People v. Vasquez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. SOLIVETTE VASQUEZ, appellant. (Ind. No…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 465 (N.Y. App. Div. 2000)
706 N.Y.S.2d 879