People v. Welch

Appellate Division of the Supreme Court of New York

People v. Welch

298 A.D.2d 903, 747 N.Y.S.2d 843, 2002 N.Y. App. Div. LEXIS 9048

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 2002

StatusPublished

Cited by6 cases

This text of 298 A.D.2d 903 (People v. Welch) 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. Welch, 298 A.D.2d 903, 747 N.Y.S.2d 843, 2002 N.Y. App. Div. LEXIS 9048 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from a judgment of Onondaga County Court (Fahey, J.), entered June 14, 2001, convicting defendant after a jury trial of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). County Court properly denied defendant’s Batson challenge with respect to a black female prospective juror. The court properly determined that the prosecutor’s explanation for exercising a peremptory challenge with respect to that juror was race-neutral and that defendant failed to meet his ultimate burden of establishing that the explanation was a pretext for racial discrimination (see People v Simmons, 171 AD2d 1053, affd 79 NY2d 1013; People v Diaz, 269 AD2d 766, lv denied 95 NY2d 852; see generally People v Payne, 88 NY2d 172, 181). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495), and the sentence is not unduly harsh or severe. Present — Green, J.P., Hayes, Hurlbutt, Gorski and Lawton, JJ.

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—Appeal from a judgment of Onondaga County Court (Fahey, J.), entered June 14, 2001, convicting defendant after a jury trial of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). County Court properly denied defendant’s Batson challenge with respect to a black female prospective juror. The court properly determined that the prosecutor’s explanation for exercising a peremptory challenge with respect to that juror was race-neutral and that defendant failed to meet his ultimate burden of establishing that the explanation was a pretext for racial discrimination (see People v Simmons, 171 AD2d 1053, affd 79 NY2d 1013; People v Diaz, 269 AD2d 766, lv denied 95 NY2d 852; see generally People v Payne, 88 NY2d 172, 181). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495), and the sentence is not unduly harsh or severe. Present — Green, J.P., Hayes, Hurlbutt, Gorski and Lawton, JJ.

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Bluebook (online)

298 A.D.2d 903, 747 N.Y.S.2d 843, 2002 N.Y. App. Div. LEXIS 9048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-welch-nyappdiv-2002.

Opinion

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