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People v. Waters

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 2011
81 A.D.3d 673 (N.Y. App. Div. 2011)

Opinion

No. 2006-05453.

February 1, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered May 16, 2006, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsé of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Before: Prudenti, P.J., Angiolillo, Florio and Sgroi, JJ.


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his Batson challenges ( see Batson v Kentucky, 476 US 79) with respect to the prosecutor's use of peremptory challenges to exclude African-American women from the jury. The prosecutor provided race- and gender-neutral explanations for excluding each of the prospective jurors at issue ( id. at 97; see People v Smocum, 99 NY2d 418, 420). The Supreme Court's determination that these explanations were nonpretextual is entitled to deference on appeal and should not be disturbed where, as here, it is supported by the record ( see People v Hernandez, 75 NY2d 350, 356-357, aff'd 500 US 352; People v Fuller, 302 AD2d 405).


Summaries of

People v. Waters

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 2011
81 A.D.3d 673 (N.Y. App. Div. 2011)
Case details for

People v. Waters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH WATERS, Appellant

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

Date published: Feb 1, 2011

Citations

81 A.D.3d 673 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 716
916 N.Y.S.2d 791

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