State v. Young

819 A.2d 884, 76 Conn. App. 392, 2003 Conn. App. LEXIS 195
CourtConnecticut Appellate Court
DecidedApril 29, 2003
DocketAC 22860
StatusPublished
Cited by26 cases

This text of 819 A.2d 884 (State v. Young) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Young, 819 A.2d 884, 76 Conn. App. 392, 2003 Conn. App. LEXIS 195 (Colo. Ct. App. 2003).

Opinion

Opinion

SCHALLER, J.

The defendant, Willie Young, appeals from the judgment of conviction, rendered after a jury trial, of one count each of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4) and larceny in the second degree in violation of General Statutes § 53a-123 (a) (2), and two counts of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (B). The defendant claims that (1) the court improperly permitted the state, during jury selection, to exercise a peremptory challenge in a racially discriminatory manner, (2) the prosecutor committed misconduct during rebuttal argument to the jury and (3) the court improperly denied the defendant’s motion to suppress the in-court identification of him by a witness. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. At approximately 5:20 p.m. on December 12,1999, two employees at the Family Dollar store in Hamden, Laura Chesmar and George Cole, were approached by the defendant as they were counting cash at the registers. The defendant ordered Chesmar and Cole to sit on the floor while he took cash from the registers. He then ordered them to accompany him to the back of the store, where he forced Cole at gunpoint to unlock the door to the store’s back office. Once inside the office, the defendant forced Cole to retrieve approximately $8000 from a money box kept in a filing cabinet. He then bound Chesmar and Cole using electrical cords. They subsequently freed themselves and escaped to a [395]*395nearby restaurant, where they telephoned the police. Additional facts will be set forth as necessary.

I

The defendant claims that the court improperly permitted the state, during jury selection, to exercise a peremptory challenge in a racially discriminatory manner. Specifically, the defendant argues that the court, in considering his objection to the state’s use of a peremptory challenge against a black venireperson, failed to apply the third prong of the test set forth in Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986). The defendant further argues that the court improperly failed to make a finding of discrimination in light of what he claims was the prosecutor’s disparate treatment of that black venireperson and a white venireperson with similar characteristics.

The following additional facts are relevant to the defendant’s claim. During jury selection, the prosecutor questioned L,1 a black male venireperson. In response to the prosecutor’s questions, L stated that someone had once broken into his home and stolen some items. L also indicated that many of his acquaintances had been victims of crimes, including armed robbery, and that he had a good friend who was a convicted murderer. When the prosecutor asked L whether he would have any trouble making a decision as a juror in light of his familiarity with people on both sides of the law, L answered in the negative. In elaborating on his answer, however, L stated that “God is the final judge, so it’s nothing on me.” Later, during examination by defense counsel, L stated that “if [the defendant] is guilty and I see that he’s guilty, then, you know, all I can do is pray for him, because God is his judge.” Nevertheless, in response to questioning by both the prosecutor and [396]*396defense counsel, L repeatedly stated that he thought he could put his personal beliefs aside and consider the case based on the judge’s explanation of the law.

The state exercised a peremptory challenge to excuse L from the venire. The defendant objected and requested that the state give a race neutral reason for the challenge. In response, the state articulated two reasons for the challenge. First, the state noted that L had given contradictory and confusing responses regarding his ability to follow instructions inconsistent with his personal beliefs. Second, the state indicated that its decision was based on L’s familiarity with both criminals and victims of crimes, and his friendship with a convicted murderer, in particular.

The defendant responded by arguing that the state’s proffered reasons for exercising the peremptory challenge were pretextual. With regard to the state’s first proffered reason, the defendant argued that L clearly had indicated that he could set his personal beliefs aside and decide the case according to the judge’s instructions. As to the state’s second proffered reason, the defendant argued that most young black men from New Haven know victims of crime and criminal defendants, and that allowing challenges on that basis would result in a situation in which the court would not “have . . . any sitting jurors that are young African-American males who live in New Haven.” The court overruled the defendant’s objection to the peremptory challenge, stating that “on this record, [the court is] not prepared to make a finding that the reasons given are pretextual.”

A

The defendant first argues that the court, in considering his objection to the state’s use of a peremptory challenge against L, failed to apply the third prong of the test, as set forth in Batson v. Kentucky, supra, 476 U.S. 79, for determining whether a peremptory chai[397]*397lenge has been exercised in a discriminatory manner. We are not persuaded.

We begin by setting forth the proper standard of review. The defendant’s argument requires that we determine whether the court applied the appropriate legal standard in evaluating his claim of discrimination. That issue presents a question of law, and our review is therefore plenary. See Adams v. State, 259 Conn. 831, 837, 792 A.2d 809 (2002).

Batson v. Kentucky, supra, 476 U.S. 96-98, “establishes a three-step procedure for evaluating claims that a prosecutor has used peremptory challenges in a manner violative of the equal protection clause. . . . First, the defendant must make a prima facie showing that the prosecutor has exercised a peremptory challenge on the basis of race. ... In the second step, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the jurors in question. . . . The third step requires the defendant to show that the articulated reasons of the state are insufficient or merely pretextual.” (Citations omitted.) State v. Rodriguez, 37 Conn. App. 589, 596-97, 658 A.2d 98, cert. denied, 234 Conn. 916, 661 A.2d 97 (1995). “The [party asserting the Batson claim] carries the ultimate burden of persuading the trial court, by a preponderance of the evidence, that the jury selection process in his or her particular case was tainted by purposeful discrimination.” (Internal quotation marks omitted.) State v. Carrasco, 259 Conn. 581, 585-86 n.9, 791 A.2d 511 (2002).

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Bluebook (online)
819 A.2d 884, 76 Conn. App. 392, 2003 Conn. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-connappct-2003.