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People v. Baker

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 323 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Supreme Court, New York County, Irving Lang, J., Allen Alpert, J.


Previously, this Court found that the defendant made a prima facie showing of purposeful racial discrimination in jury selection (see, Batson v Kentucky, 476 U.S. 79; People v Jenkins, 75 N.Y.2d 550), and remanded to the Supreme Court for a hearing on this issue ( 163 A.D.2d 188). Based on the hearing evidence, we find that the prosecutor proffered specific, race-neutral reasons for excusing the challenged juror, which is sufficient to overcome the defendant's claim of discrimination. (See, People v Jones, 163 A.D.2d 903, lv denied 76 N.Y.2d 941; People v Manigo, 165 A.D.2d 660.)

We have reviewed the defendant's remaining arguments on his original appeal, and find them to be without merit.

Concur — Kupferman, J.P., Ross, Asch, Ellerin and Rubin, JJ.


Summaries of

People v. Baker

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 323 (N.Y. App. Div. 1991)
Case details for

People v. Baker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BAKER, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 21, 1991

Citations

170 A.D.2d 323 (N.Y. App. Div. 1991)
565 N.Y.S.2d 41