Legal Opinion

People v. Wilborn

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

Decided May 28, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered October 27, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The court properly followed the protocols established by Batson v Kentucky (476 US 79) in determining defendant’s claim of discriminatory exercise of peremptory challenges by the prosecutor, and the record supports the court’s implicit findings (see, People v Owens, 235 AD2d 268, lv denied 90 NY2d 896)…

2Cases cited8 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. People v. HernandezNew York Court of Appeals · 1990
  4. People v. DawsonNew York Court of Appeals · 1980
  5. People v. OwensAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by1 opinion

  1. Dobbin v. GreinerDistrict Court, S.D. New York · 2002

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