Legal Opinion

People v. Latimer

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

Decided December 27, 2000Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The contention of defendant that reversal is required based on a Batson violation (see, Batson v Kentucky, 476 US 79) is not preserved for our review because he did not raise that alleged violation until after the jurors, including the alternates, were sworn (see, People v Hoskins, 254 AD2d 729, 729-730; People v Williams, 206 AD2d 917, lv denied 84 NY2d 911). In any event, defendant’s contention *864lacks merit. Even assuming, arguendo, that defendant established a prima facie case of discrimination, we agree with Supreme Court that the prosecutor’s…

2Cases cited5 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. HindsAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. BarberAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. HoskinsAppellate Division of the Supreme Court of the State of New York · 1998

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