People v. Shannon

Appellate Division of the Supreme Court of New York

People v. Shannon

288 A.D.2d 38, 732 N.Y.S.2d 561, 2001 N.Y. App. Div. LEXIS 10367

Procedural entryThis page is a short order in People v. Shannon. Read the opinion of the Court — 273 A.D.2d 505 →

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 2001·Published

Opinion

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered January 28, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 4x/2 to 9 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s application made pursuant to Batson v Kentucky (476 US 79). The court sufficiently complied with the three-[39]*39step Batson procedure and appropriately determined that the prosecutor’s explanations were nonpretextual and involved acceptable criteria. The court’s determinations are entitled to great deference (People v Hernandez, 75 NY2d 350, 356-357, affd 500 US 352). Concur — Williams, J. P., Mazzarelli, Andidas, Ellerin and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered January 28, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 4x/2 to 9 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s application made pursuant to Batson v Kentucky (476 US 79). The court sufficiently complied with the three-[39]*39step Batson procedure and appropriately determined that the prosecutor’s explanations were nonpretextual and involved acceptable criteria. The court’s determinations are entitled to great deference (People v Hernandez, 75 NY2d 350, 356-357, affd 500 US 352). Concur — Williams, J. P., Mazzarelli, Andidas, Ellerin and Saxe, JJ.

People v. Shannon, 288 A.D.2d 38, 732 N.Y.S.2d 561, 2001 N.Y. App. Div. LEXIS 10367 (N.Y. Ct. App. 2001).

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Opinion

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