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People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 519 (N.Y. App. Div. 2000)

Opinion

Submitted December 1, 2000.

December 27, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered March 16, 1999, convicting him of criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.

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

Before: LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly rejected the defendant's argument that the prosecution's race-neutral explanation for its peremptory challenge to a prospective juror was pretextual. A trial court's conclusion that a facially race-neutral explanation is not pretextual should be accorded great deference on appeal (see, Hernandez v. New York, 500 U.S. 352). This is particularly true where, as here, the reason for challenging a prospective juror is based, at least in part, upon certain nonverbal responses and reactions of the prospective juror, which the trial court had the opportunity to observe (see, People v. Rivera, 220 A.D.2d 782; People v. Bennett, 206 A.D.2d 382). Accordingly, under the circumstances presented, we will not disturb the findings of the trial court.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 519 (N.Y. App. Div. 2000)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. FERNANDO WILSON, APPELLANT. (IND. NO…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 519 (N.Y. App. Div. 2000)
717 N.Y.S.2d 920

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