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People v. Lettley

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 799 (N.Y. App. Div. 2000)

Opinion

Argued May 25, 2000

September 25, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered August 14, 1997, convicting him of robbery in the first degree (four counts), robbery in the second degree (two counts), burglary in the first degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, unlawful imprisonment in the first degree (two counts), endangering the welfare of a child (two counts), and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Michael O'Brien, Garden City, N.Y., for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicole Beder, and Nicole H. Baker of counsel; Vered Adoni on the brief), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly determined that the explanation proffered by the defense counsel for the exercise of his peremptory challenge against a prospective juror was mere pretext offered in an attempt to conceal an intention to discriminate based on race. This determination is entitled to great deference on appeal and will not be disturbed where, as here, it is supported by the record (see, Hernandez v. New York, 500 U.S. 352; People v. Jupiter, 21 0 A.D.2d 431; People v. Guess, 208 A.D.2d 559).

The defendant's sentence was not illegal (see, People v. Brown, 80 N.Y.2d 361, 364; People v. Brathwaite, 63 N.Y.2d 839, 843).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.


Summaries of

People v. Lettley

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 799 (N.Y. App. Div. 2000)
Case details for

People v. Lettley

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. KEITH LETTLEY, APPELLANT. (IND. NO…

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

Date published: Sep 25, 2000

Citations

275 A.D.2d 799 (N.Y. App. Div. 2000)
714 N.Y.S.2d 225

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