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People v. Diaz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 982 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Denman, J.P., Boomer, Green, Pine and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's contention pursuant to Batson v. Kentucky ( 476 U.S. 79) has not been preserved for our review by timely objection (see, CPL 470.05; People v. Harris, 151 A.D.2d 961). Were we to address this issue, we would conclude that the prosecutor proffered reasonably specific race-neutral reasons for use of peremptory challenges to exclude four black members of the jury panel (see, People v. Hernandez, 75 N.Y.2d 350, affd 500 US ___, 114 L Ed 2d 395; People v. Adams, 163 A.D.2d 881, lv denied 77 N.Y.2d 875). The trial court properly allowed testimony of prior negotiations between defendant and the undercover police officer because they were inextricably interwoven with the crimes charged in the indictment (see, People v. Ventimiglia, 52 N.Y.2d 350, 361; People v. Civitello, 152 A.D.2d 812, 813, lv denied 74 N.Y.2d 947). Each of defendant's remaining contentions lacks merit.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 982 (N.Y. App. Div. 1991)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO DIAZ, Appellant

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

Date published: Nov 15, 1991

Citations

177 A.D.2d 982 (N.Y. App. Div. 1991)
578 N.Y.S.2d 3

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