Legal Opinion
People v. Sweeper
New York Court of Appeals
Decided December 14, 2010PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant’s application pursuant to Batson v Kentucky (476 US 79 [1986]). Defendant failed to establish a step one prima facie case of racial discrimination (id. at 94-97; People v Decker, 15 NY3d 625 [2010]). Defendant’s challenge to the constitutionality of his adjudication as a persistent violent felony offender is barred by Almendarez-Torres v United States (523 US 224 [1998]; see People v Bell, 15 NY3d 935 [2010] [decided today]). Defendant’s remaining contentions are…
2Cases cited4 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- People v. HeckerNew York Court of Appeals · 2010
- People v. BellNew York Court of Appeals · 2010
3Cited by25 opinions
- People v. PhelanAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SwiftAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MattisonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2011
20 more not listed; retrieve them via the Exa API.