People v. Dupree
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that Supreme Court erred in permitting the prosecutor to exercise a peremptory challenge to exclude the only prospective black juror (see, Batson v Kentucky, 476 US 79). The prosécutor provided a race-neutral reason for excluding the juror, and defendant failed to allege that the reason was pretextual (see, People v Smith, 278 AD2d 837). In any event, the prosecutor’s reason was “related to the factual circumstances of the case and the qualifications of the juror to serve on that case” and was not pretextual…
2Cases cited3 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. DalhouseAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by1 opinion
- People v. CrawfordAppellate Division of the Supreme Court of the State of New York · 2002