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People v. Garcia

184 A.D.2d 1024, 586 N.Y.S.2d 917, 1992 N.Y. App. Div. LEXIS 8255
Procedural entryThis page is a short order in People v. Garcia. Read the opinion of the Court — 153 A.D.2d 951 →
Appellate Division of the Supreme Court of the State of New York·Decided June 5, 1992·Published

Opinion

Adjudication unanimously affirmed. Memorandum: The prosecutor offered legitimate race-neutral reasons for the peremptory exclusion of two prospective Black jurors and Supreme Court properly denied defendant’s motion for a mistrial (see, Batson v Kentucky, 476 US 79; People v Hernandez, 75 NY2d 350, affd 500 US —, 111 S Ct 1859; People v Simmons, 171 AD2d 1053, affd 79 NY2d 1013).

There is no merit to defendant’s contention that prosecutorial misconduct during summation deprived him of a fair trial. (Appeal from Adjudication of Supreme Court, Erie County, Glownia, J. — Youthful Offender.) Present — Callahan, J. P., Boomer, Balio, Lawton and Doerr, JJ.

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People v. Garcia, 184 A.D.2d 1024, 586 N.Y.S.2d 917, 1992 N.Y. App. Div. LEXIS 8255 (N.Y. Ct. App. 1992).

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Related

Batson v. Kentucky
476 U.S. 79 (Supreme Court, 1986)
Hernandez v. New York
500 U.S. 352 (Supreme Court, 1991)
People v. Hernandez
552 N.E.2d 621 (New York Court of Appeals, 1990)
People v. Simmons
594 N.E.2d 917 (New York Court of Appeals, 1992)
People v. Simmons
171 A.D.2d 1053 (Appellate Division of the Supreme Court of New York, 1991)