People v. Robin

Appellate Division of the Supreme Court of New York

People v. Robin

205 A.D.2d 379, 614 N.Y.S.2d 126, 1994 N.Y. App. Div. LEXIS 6312

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1994·Published

Opinion

Judgment, Supreme Court, New York County (James Leif, J., at suppression motion; Mary McGowan Davis, J., at trial and sentence), rendered on September 20, 1993, convicting defendant, following a jury trial, of two counts of promoting gambling in the first degree and one count of possession of gambling records in the first degree and sentencing him, as a predicate felon, to three concurrent terms of 2 to 4 years, unanimously affirmed.

The court appropriately rejected defendant’s claim pursuant to Batson v Kentucky (476 US 79) that he was deprived of a fair trial as a result of the People’s use of their peremptory challenges. Defendant, a white man, relies on the fact that the prosecution excused six African-Americans from the jury. The trial court, which conducted a hearing with respect to this matter, properly concluded that there was no indication of a pattern of racially-motivated exclusion of African-Americans. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

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Judgment, Supreme Court, New York County (James Leif, J., at suppression motion; Mary McGowan Davis, J., at trial and sentence), rendered on September 20, 1993, convicting defendant, following a jury trial, of two counts of promoting gambling in the first degree and one count of possession of gambling records in the first degree and sentencing him, as a predicate felon, to three concurrent terms of 2 to 4 years, unanimously affirmed.

The court appropriately rejected defendant’s claim pursuant to Batson v Kentucky (476 US 79) that he was deprived of a fair trial as a result of the People’s use of their peremptory challenges. Defendant, a white man, relies on the fact that the prosecution excused six African-Americans from the jury. The trial court, which conducted a hearing with respect to this matter, properly concluded that there was no indication of a pattern of racially-motivated exclusion of African-Americans. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

People v. Robin, 205 A.D.2d 379, 614 N.Y.S.2d 126, 1994 N.Y. App. Div. LEXIS 6312 (N.Y. Ct. App. 1994).

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Opinion

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