Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1996PublishedCited by 9 opinions
1Opinion of the Court
*393Defendant failed to meet his burden, on the third step of his Batson challenge, of showing that the reasons offered by the prosecutor for his challenge of a Hispanic juror were pretextual (see, People v Allen, 86 NY2d 101; Purkett v Elem, 514 US —, 115 S Ct 1769). With one exception, defendant failed to argue that the reasons advanced by the prosecutor were pretextual, and accordingly, those claims are unpreserved for appellate review (People v Garcia, 202 AD2d 189, lv denied 83 NY2d 1003). As to the instance where defense counsel suggested that the prosecutor thought the prospective juror…
2Cases cited5 opinions
- Purkett v. ElemSupreme Court of the United States · 1995
- People v. AllenNew York Court of Appeals · 1995
- People v. ManciniAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GoodenAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by9 opinions
- Manuel Rodriguez v. Sunny L. Schriver, Superintendent, Wallkill Correctional FacilityCourt of Appeals for the Second Circuit · 2004
- People v. OwensAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1997
- People v. VelasquezAppellate Division of the Supreme Court of the State of New York · 1999
- People v. VirgilAppellate Division of the Supreme Court of the State of New York · 1999
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