People v. McClellan

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the fourth degree (§ 265.01 [2]). Contrary to the contention of defendant, Supreme Court properly determined that he failed to meet his burden of establishing that African-Americans were “ ‘systematically excluded’ ” from jury service (People v Guzman, 60 NY2d 403, 410 [1983], cert denied 466 US 951 [1984]; see CPL 270.10 [1], [2]), and we conclude that defendant’s statutory and constitutional rights to a juiy pool…