Legal Opinion · Concurrence

People v. Wells

New York Court of Appeals

Decided May 11, 2006Published

POINTS OF COUNSEL

1ConcurrenceG.B. Smith, J.

I agree with the Court’s conclusion that the order appealed from should be affirmed. After the prosecution set out its reasons for the peremptory strike of a female African-American prospective juror, defendant did not say anything further about her or make an attempt to seek clarification of the prosecution’s ambiguous explanation comparing her to a former state Supreme Court justice. Thus, defendant did not make the specific and timely objections necessary *61to: (1) apprise the court of the ambiguities inherent in this explanation and of his opposing arguments; and (2) give the court the…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Purkett v. ElemSupreme Court of the United States · 1995
  4. J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
  5. People v. AllenNew York Court of Appeals · 1995

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