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People v. Phillip

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 537 (N.Y. App. Div. 2001)

Opinion

Argued December 14, 2000.

January 16, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered December 10, 1998, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Amy Donner of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Jennifer M. Norris, and Kristen Marcelle of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, ACTING P.J., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly determined that the prosecutor's facially-neutral explanations for excusing two black prospective jurors were not pretextual (see, People v. Payne, 88 N.Y.2d 172; see also, People v. Allen, 86 N.Y.2d 101).

The defendant's remaining contention is unpreserved for appellate review.


Summaries of

People v. Phillip

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 537 (N.Y. App. Div. 2001)
Case details for

People v. Phillip

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ERICKSON PHILLIP, APPELLANT. (IND. NO…

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

Date published: Jan 16, 2001

Citations

279 A.D.2d 537 (N.Y. App. Div. 2001)
718 N.Y.S.2d 879

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