From Casetext: Smarter Legal Research

People v. Willoughby

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 632 (N.Y. App. Div. 1995)

Opinion

October 16, 1995

Appeal from the Supreme Court, Kings County (Hall, J.).


Ordered that the judgment is affirmed.

Although the defense counsel raised several Batson challenges during jury selection (see, Batson v. Kentucky, 476 U.S. 79), he failed to demonstrate "facts and other relevant circumstances sufficient to raise an inference that the prosecution used its peremptory challenges to exclude potential jurors because of their race" (People v. Childress, 81 N.Y.2d 263, 266), thereby failing to establish a prima facie "pattern of purposeful exclusion" (People v. Bolling, 79 N.Y.2d 317, 325).

The imposed sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., O'Brien, Copertino and Krausman, JJ., concur.


Summaries of

People v. Willoughby

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 632 (N.Y. App. Div. 1995)
Case details for

People v. Willoughby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN WILLOUGHBY…

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

Date published: Oct 16, 1995

Citations

220 A.D.2d 632 (N.Y. App. Div. 1995)
633 N.Y.S.2d 971