Legal Opinion

People v. Salton

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

Decided December 5, 2012Published

1Opinion of the Court

The defendant’s Batson application (see Batson v Kentucky, *761476 US 79 [1986]) was properly denied, as he failed to make the requisite prima facie showing of discrimination (see People v Brown, 97 NY2d 500 [2002]; People v Jenkins, 84 NY2d 1001 [1994]; People v Fryar, 29 AD3d 919 [2006]). In the absence of a record demonstrating adequate circumstances supporting a prima facie case, “the defendant failed to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination” (People v Bolling, 79 NY2d 317, 325 [1992]; see People v Childress, 81 NY2d 263, 268…

2Cases cited17 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. GallowayNew York Court of Appeals · 1981
  3. People v. AshwalNew York Court of Appeals · 1976
  4. People v. KellyNew York Court of Appeals · 1984
  5. People v. KernNew York Court of Appeals · 1990

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