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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 813 (N.Y. App. Div. 1995)

Opinion

August 28, 1995

Appeal from the Supreme Court, Queens County (Orgera, J.).


Ordered that the judgment is affirmed.

We find no basis in the record to disturb the trial court's determination that the reasons proffered by the prosecutor for peremptorily challenging a Hispanic juror were racially neutral (see, Batson v. Kentucky, 476 U.S. 79; People v. Allen, 86 N.Y.2d 101; People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352; People v. Smith, 192 A.D.2d 628).

Additionally, limited expert testimony regarding the general practices of drug sellers was properly admitted to explain the absence of drugs from the items seized from the defendant upon his arrest (see, People v. Tevaha, 204 A.D.2d 92, affd 84 N.Y.2d 879; People v. Ellsworth, 176 A.D.2d 127).

The defendant's remaining contentions are without merit. Mangano, P.J., Joy, Krausman and Florio, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 813 (N.Y. App. Div. 1995)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BROWN…

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

Date published: Aug 28, 1995

Citations

218 A.D.2d 813 (N.Y. App. Div. 1995)
630 N.Y.S.2d 797

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