People v. Diaz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying defendant’s Batson motion (see, Bat-son v Kentucky, 476 US 79). The prosecutor’s explanation for exercising a peremptory challenge to strike a Hispanic juror, that his “body language” indicated unwillingness to look at the prosecutor while he was asking questions of the witness, was race-neutral (see, People v Hernandez, 75 NY2d 350, 356-357, affd 500 US 352; People v McCargo, 226 AD2d 480, 481). Defendant failed to establish that the reason given by the prosecutor was pretextual (see, People v…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. GrayNew York Court of Appeals · 1995
- People v. SandovalNew York Court of Appeals · 1974
- People v. HernandezNew York Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BodineAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SellAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CarelockAppellate Division of the Supreme Court of the State of New York · 2000
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2001
6 more not listed; retrieve them via the Exa API.