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People v. Soto

235 A.D.2d 508, 652 N.Y.S.2d 989, 1997 N.Y. App. Div. LEXIS 385
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 1997
StatusPublished

This text of 235 A.D.2d 508 (People v. Soto) 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. Soto, 235 A.D.2d 508, 652 N.Y.S.2d 989, 1997 N.Y. App. Div. LEXIS 385 (N.Y. Ct. App. 1997).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered July 12, 1995, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The reasons proffered by the prosecutor for excusing two women were gender-neutral on their face. The trial court then adequately articulated its reasoning for overruling the Batson objection (see, Batson v Kentucky, 476 US 79). Since the defendant did not meet his "ultimate and unalterable burden of persuasion” that the reasons proffered by the prosecutor were merely pretextual (People v Payne, 88 NY2d 172, 183; People v Moore, 231 AD2d 532), he failed to show any Batson violation. Rosenblatt, J. P., Sullivan, Altman and Goldstein, JJ., concur.

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Related

Batson v. Kentucky
476 U.S. 79 (Supreme Court, 1986)
People v. Payne
666 N.E.2d 542 (New York Court of Appeals, 1996)
People v. Moore
231 A.D.2d 532 (Appellate Division of the Supreme Court of New York, 1996)

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Bluebook (online)
235 A.D.2d 508, 652 N.Y.S.2d 989, 1997 N.Y. App. Div. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soto-nyappdiv-1997.