Legal Opinion

People v. MacShane

New York Court of Appeals

Decided November 24, 2008PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Defendant Dermot MacShane failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986]). As this Court has held, “sketchy assertions” and the fact that the prospective jurors “indicated no reason why they could not serve fairly” are, standing alone, generally insufficient to establish a prima facie case of discrimination (see People v Childress, 81 NY2d 263, 267, 268 [1993]).

Here, defense counsel simply asserted…

2Cases cited3 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. MorenoNew York Court of Appeals · 1987
  3. People v. ChildressNew York Court of Appeals · 1993

3Cited by17 opinions

  1. State v. RhoneWashington Supreme Court · 2010
  2. State v. RhoneWashington Supreme Court · 2010
  3. People v. SmallsAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. DonahueAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. ChristianiAppellate Division of the Supreme Court of the State of New York · 2012

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