Legal Opinion
People v. Powell
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2012PublishedCited by 5 opinions
1Opinion of the Court
The trial court erred when it granted the People’s reverseBatson application (see Batson v Kentucky, 476 US 79 [1986]; *611People v Kern, 75 NY2d 638 [1990], cert denied 498 US 824 [1990]), and seated three jurors despite defendant’s peremptory challenges. Even after according great deference to the court’s determination, we find that the record fails in all respects to support the court’s finding that the nondiscriminatory reasons provided by defense counsel for the challenges in question were pretextual.
Defense counsel provided ethnicity-neutral explanations for challenging the three jurors at…
2Cases cited5 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. AllenNew York Court of Appeals · 1995
- People v. KernNew York Court of Appeals · 1990
- People v. FranceNew York Court of Appeals · 2009
- People v. MintonAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- People v. MarcusAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BloiseAppellate Division of the Supreme Court of the State of New York · 2019
- People v. MarcusAppellate Division of the Supreme Court of the State of New York · 2012
- People v. OwoajeAppellate Division of the Supreme Court of the State of New York · 2017