Legal Opinion

People v. Henry

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1997PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The prosecutor provided a race-neutral explanation for the exercise of a peremptory challenge against an Afro-American potential juror, and defendant failed to sustain his burden of persuasion that the prosecutor’s explanation was a pretext for racial discrimination (see, People v Payne, 88 NY2d 172, 181; People v Allen, 86 NY2d 101, 110).

The verdict is not repugnant because no element of criminal possession of a weapon in the third degree was negated by defendant’s acquittal of the charges of burglary in the first degree, reckless endangerment in…

2Cases cited2 opinions

  1. People v. AllenNew York Court of Appeals · 1995
  2. People v. PayneNew York Court of Appeals · 1996

3Cited by1 opinion

  1. People v. BettisAppellate Division of the Supreme Court of the State of New York · 1998

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