Legal Opinion

People v. Braithwaite

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

Decided November 24, 1997Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered February 17, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

*562Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly seated two white jurors who were peremptorily challenged by the defense. The Supreme Court’s determination that the purportedly “race-neutral” reasons proffered by the defense were in fact mere pretexts for racial discrimination is supported by the…

2Cases cited12 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. ContesNew York Court of Appeals · 1983
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. People v. MartinezNew York Court of Appeals · 1993
  5. People v. RamosNew York Court of Appeals · 1997

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