People v. Dunston

Appellate Division of the Supreme Court of New York

People v. Dunston

181 A.D.2d 410, 580 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 3037

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

DecidedMarch 3, 1992

StatusPublished

This text of 181 A.D.2d 410 (People v. Dunston) 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. Dunston, 181 A.D.2d 410, 580 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 3037 (N.Y. Ct. App. 1992).

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Opinion

— Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered August 23, 1989, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to an indeterminate term of imprisonment of 4 to 12 years, unanimously affirmed.

Contrary to defendant’s principal claim on appeal, the prosecutor did not use his peremptory challenges in a discriminatory manner. We agree with the trial court that the reasons advanced by the prosecutor for his peremptory challenges of eight African-American prospective jurors were race-neutral, and thus no violation of Batson v Kentucky (476 US 79) was established. As finally constituted, the jury, including alternates, was composed of fourteen persons: nine African-[411]*411Americans, two Latinos, and three whites. Moreover, the jury’s verdict was not against the weight of the evidence (CPL 470.15 [5]). Concur — Carro, J. P., Milonas, Rosenberger, Ellerin and Smith.

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— Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered August 23, 1989, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to an indeterminate term of imprisonment of 4 to 12 years, unanimously affirmed.

Contrary to defendant’s principal claim on appeal, the prosecutor did not use his peremptory challenges in a discriminatory manner. We agree with the trial court that the reasons advanced by the prosecutor for his peremptory challenges of eight African-American prospective jurors were race-neutral, and thus no violation of Batson v Kentucky (476 US 79) was established. As finally constituted, the jury, including alternates, was composed of fourteen persons: nine African-[411]*411Americans, two Latinos, and three whites. Moreover, the jury’s verdict was not against the weight of the evidence (CPL 470.15 [5]). Concur — Carro, J. P., Milonas, Rosenberger, Ellerin and Smith.

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Bluebook (online)

181 A.D.2d 410, 580 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 3037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunston-nyappdiv-1992.

Opinion

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