Legal Opinion

People v. Cousin

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

Decided May 15, 2000Published

1Opinion of the Court

*478Contrary to the defendant’s contentions on appeal, the fact that the prosecutor peremptorily challenged the only black potential juror to be questioned during voir dire was insufficient, without more, to establish a prima facie case of purposeful discrimination (see, Batson v Kentucky, 476 US 79; People v Payne, 88 NY2d 172; People v Bolling, 79 NY2d 317; People v Blackford, 256 AD2d 619). The defendant did not articulate a sound factual basis for his Batson claim, as he failed to establish the existence of facts and other relevant circumstances giving rise to an inference of purposeful…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. People v. ChildressNew York Court of Appeals · 1993
  4. People v. PayneNew York Court of Appeals · 1996
  5. People v. BollingNew York Court of Appeals · 1992

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