People v. Diaz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant’s contention pursuant to Batson v Kentucky (476 US 79) has not been preserved for our review by timely objection (see, CPL 470.05 [2]; People v Harris, 151 AD2d 961). Were we to address this issue, we would conclude that the prosecutor proffered reasonably specific race-neutral reasons for use of peremptory challenges to exclude four black members of the jury panel (see, People v Hernandez, 75 NY2d 350, affd 500 US —, 114 L Ed 2d 395; People v Adams, 163 AD2d 881, lv denied 11 NY2d 875). The trial court properly allowed testimony of prior…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. HernandezNew York Court of Appeals · 1990
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. StubbsAppellate Division of the Supreme Court of the State of New York · 1993