Legal Opinion

People v. Diaz

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

Decided November 15, 1991PublishedCited by 2 opinions

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

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. People v. VentimigliaNew York Court of Appeals · 1981
  4. People v. HernandezNew York Court of Appeals · 1990
  5. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by2 opinions

  1. People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. StubbsAppellate Division of the Supreme Court of the State of New York · 1993

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