People v. Ware

Appellate Division of the Supreme Court of New York

People v. Ware

245 A.D.2d 85, 665 N.Y.S.2d 869, 1997 N.Y. App. Div. LEXIS 12796

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1997·Published·Cited by 3 cases

Opinion

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 20, 1995, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and three counts of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 6 to 12 years, unanimously affirmed.

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans [86] did not establish a prima facie case (see, People v Jenkins, 84 NY2d 1001), particularly where, as here, Caucasians constituted but a small proportion of the entire pool of prospective jurors. Concur—Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 20, 1995, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and three counts of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 6 to 12 years, unanimously affirmed.

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans [86] did not establish a prima facie case (see, People v Jenkins, 84 NY2d 1001), particularly where, as here, Caucasians constituted but a small proportion of the entire pool of prospective jurors. Concur—Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.

People v. Ware, 245 A.D.2d 85, 665 N.Y.S.2d 869, 1997 N.Y. App. Div. LEXIS 12796 (N.Y. Ct. App. 1997).

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Opinion

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