People v. Henry
Appellate Division of the Supreme Court of the State of New York
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
- People v. AllenNew York Court of Appeals · 1995
- People v. PayneNew York Court of Appeals · 1996
3Cited by1 opinion
- People v. BettisAppellate Division of the Supreme Court of the State of New York · 1998