People v. Reid

Appellate Division of the Supreme Court of New York

People v. Reid

238 A.D.2d 608, 657 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 4364

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

DecidedApril 28, 1997

StatusPublished

This text of 238 A.D.2d 608 (People v. Reid) 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. Reid, 238 A.D.2d 608, 657 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 4364 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Steinhardt, J., at hearing; Gary, J., at trial and sentence), rendered May 4, 1995, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions, there existed probable cause for his arrest (see, People v Washington, 87 NY2d 945; People v Maldonado, 86 NY2d 631). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

[609]*609The defendant failed to sustain his burden of showing that the race-neutral reasons proffered by the prosecutor for peremptorily striking several black women from the venire panel were merely pretextual (see, Batson v Kentucky, 476 US 79; Purkett v Elem, 514 US 765; People v Allen, 86 NY2d 101; People v McMichael, 218 AD2d 671).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Krausman and Goldstein, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Steinhardt, J., at hearing; Gary, J., at trial and sentence), rendered May 4, 1995, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions, there existed probable cause for his arrest (see, People v Washington, 87 NY2d 945; People v Maldonado, 86 NY2d 631). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

[609]*609The defendant failed to sustain his burden of showing that the race-neutral reasons proffered by the prosecutor for peremptorily striking several black women from the venire panel were merely pretextual (see, Batson v Kentucky, 476 US 79; Purkett v Elem, 514 US 765; People v Allen, 86 NY2d 101; People v McMichael, 218 AD2d 671).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

238 A.D.2d 608, 657 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 4364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-nyappdiv-1997.

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