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Legal Opinion

People v. Fortune

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

Decided October 20, 1997PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (R. Goldberg, J.), rendered August 4, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the People used their peremptory challenges to strike black venirepersons in violation of Batson v Kentucky (476 US 79). However, review of the record reveals that the trial court properly determined that the defendant failed to sustain his ultimate burden of persuasion that the race-neutral reasons proffered by the People…

2Cases cited6 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. AllenNew York Court of Appeals · 1995
  5. People v. PayneNew York Court of Appeals · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. MarksAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. FortuneAppellate Division of the Supreme Court of the State of New York · 1999

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