People v. Sims

Appellate Division of the Supreme Court of New York

People v. Sims

293 A.D.2d 692, 742 N.Y.S.2d 74, 2002 N.Y. App. Div. LEXIS 3953

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 2002·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered June 21, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

[693]*693The defendant’s Batson challenge (see Batson v Kentucky, 476 US 79) was properly denied since he failed to establish a prima facie case of discrimination. To establish a prima facie case, a defendant must demonstrate that members of a cognizable racial group were excluded from the jury venire, and that facts and other relevant circumstances support an inference of impermissible discrimination (see People v Brown, 97 NY2d 500; People v Childress, 81 NY2d 263, 266). The defendant failed to satisfy the second element. His assertion that the prosecutor struck a disproportionate number of black venirepersons was insufficient to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination (see People v Collins, 290 AD2d 513).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Feuerstein, J.P., Krausman, Goldstein and Adams, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered June 21, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

[693]*693The defendant’s Batson challenge (see Batson v Kentucky, 476 US 79) was properly denied since he failed to establish a prima facie case of discrimination. To establish a prima facie case, a defendant must demonstrate that members of a cognizable racial group were excluded from the jury venire, and that facts and other relevant circumstances support an inference of impermissible discrimination (see People v Brown, 97 NY2d 500; People v Childress, 81 NY2d 263, 266). The defendant failed to satisfy the second element. His assertion that the prosecutor struck a disproportionate number of black venirepersons was insufficient to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination (see People v Collins, 290 AD2d 513).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Feuerstein, J.P., Krausman, Goldstein and Adams, JJ., concur.

People v. Sims, 293 A.D.2d 692, 742 N.Y.S.2d 74, 2002 N.Y. App. Div. LEXIS 3953 (N.Y. Ct. App. 2002).

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Opinion

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