People v. Bracero

Appellate Division of the Supreme Court of New York

People v. Bracero

258 A.D.2d 419, 682 N.Y.S.2d 353

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1999

StatusPublished

This text of 258 A.D.2d 419 (People v. Bracero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bracero, 258 A.D.2d 419, 682 N.Y.S.2d 353 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered November 16, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s application made pursuant to Batson v Kentucky (476 US 79) was properly denied. The record supports the court’s findings that the prosecutor’s explanations for the disputed challenges were gender-neutral and nonpretextual. Such findings are entitled to great deference on appeal and we decline to disturb them (People v Hernandez, 75 NY2d 350, affd 500 US 352). Concur — Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered November 16, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s application made pursuant to Batson v Kentucky (476 US 79) was properly denied. The record supports the court’s findings that the prosecutor’s explanations for the disputed challenges were gender-neutral and nonpretextual. Such findings are entitled to great deference on appeal and we decline to disturb them (People v Hernandez, 75 NY2d 350, affd 500 US 352). Concur — Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

258 A.D.2d 419, 682 N.Y.S.2d 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bracero-nyappdiv-1999.

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