Legal Opinion

People v. Moise

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

Decided November 10, 2003Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 12, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor’s race-neutral explanation for the peremptory challenge to one of the prospective jurors was pretextual and should have been rejected by the trial court. However, a trial court’s conclusion that a facially race-neutral explanation is not pretextual should be accorded great deference on appeal (see…

2Cases cited3 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2000

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