Legal Opinion

People v. Smith

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

Decided June 1, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered April 3, 1996, convicting him of criminal possession of a controlled substance in the third degree, resisting arrest, and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

After the third round of jury selection, the prosecutor raised a Batson claim (see, Batson v Kentucky, 476 US 79), objecting that the defense had used 13 of its 14 challenges to exclude white jurors. The court asked the defense counsel to supply reasons for…

2Cases cited4 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. AllenNew York Court of Appeals · 1995
  4. People v. StewartAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. People v. ErskineAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. BooneAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2014

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