From Casetext: Smarter Legal Research

People v. Lerrelbouse

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 2001
287 A.D.2d 314 (N.Y. App. Div. 2001)

Opinion

October 16, 2001.

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered October 14, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7 to 14 years, unanimously affirmed.

Susan Axelrod, for respondent.

Jan Hoth-uzzo, for defendant-appellant.

Before: Tom, J.P., Mazzarelli, Wallach, Buckley, Friedman, JJ.


Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. Batson held that a prosecutor's use of preemptory challenges cannot be based "solely on account of [potential jurors'] race or on the assumption that black jurors as a group will be unable impartially to consider the state's case against a black defendant." (id. at 88). There is no proof in this record that the prosecutor used race as a criterion for the exercise of peremptory challenges. Defendant did not substantiate his charge of discrimination (People v. Jenkins, 84 N.Y.2d 1001, 1002-1003).

Further, appellate review of Batson objections requires preservation as mandated by CPL 470.05(2) (People v. Jones, 284 A.D.2d 46, 728 N.Y.S.2d 417), and here, there was none.

Also, a rejection of the claim that use of a preemptory challenge was pretextual is entitled to great deference (People v. Reyes, 274 A.D.2d 323,lv denied 95 N.Y.2d 870).

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Lerrelbouse

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 2001
287 A.D.2d 314 (N.Y. App. Div. 2001)
Case details for

People v. Lerrelbouse

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MILCIADES LERRELBOUSE…

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

Date published: Oct 16, 2001

Citations

287 A.D.2d 314 (N.Y. App. Div. 2001)
731 N.Y.S.2d 369

Citing Cases

People v. Jones

Initially, having been raised for the first time on appeal, defendant's equal protection contention premised…