People v. White

Appellate Division of the Supreme Court of New York

People v. White

224 A.D.2d 206, 638 N.Y.S.2d 296, 1996 N.Y. App. Div. LEXIS 954

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

DecidedFebruary 6, 1996

StatusPublished

This text of 224 A.D.2d 206 (People v. White) 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. White, 224 A.D.2d 206, 638 N.Y.S.2d 296, 1996 N.Y. App. Div. LEXIS 954 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered April 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 81/s to 25 years, unanimously affirmed.

[207]*207Defendant failed to preserve his claim of intentional discrimination by the prosecutor since he failed to challenge the prosecutor’s explanations for rejecting a male African-American panelist (see, People v Allen, 86 NY2d 101, 110-111). Moreover, we find that the prosecutor’s explanation was not pretextual (People v Gonzalez, 212 AD2d 436, Lv denied 85 NY2d 938; People v Manigo, 165 AD2d 660).

Defendant’s sentence was not excessive in view of the brutality of the crime. Concur — Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered April 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 81/s to 25 years, unanimously affirmed.

[207]*207Defendant failed to preserve his claim of intentional discrimination by the prosecutor since he failed to challenge the prosecutor’s explanations for rejecting a male African-American panelist (see, People v Allen, 86 NY2d 101, 110-111). Moreover, we find that the prosecutor’s explanation was not pretextual (People v Gonzalez, 212 AD2d 436, Lv denied 85 NY2d 938; People v Manigo, 165 AD2d 660).

Defendant’s sentence was not excessive in view of the brutality of the crime. Concur — Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

224 A.D.2d 206, 638 N.Y.S.2d 296, 1996 N.Y. App. Div. LEXIS 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-white-nyappdiv-1996.

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