Legal Opinion

People v. Salton

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

Decided December 5, 2012PublishedCited by 1 opinion

1Opinion of the Court

The defendant’s Batson application (see Batson v Kentucky, *761476 US 79 [1986]) was properly denied, as he failed to make the requisite prima facie showing of discrimination (see People v Brown, 97 NY2d 500 [2002]; People v Jenkins, 84 NY2d 1001 [1994]; People v Fryar, 29 AD3d 919 [2006]). In the absence of a record demonstrating adequate circumstances supporting a prima facie case, “the defendant failed to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination” (People v Bolling, 79 NY2d 317, 325 [1992]; see People v Childress, 81 NY2d 263, 268…

2Cases cited17 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. GallowayNew York Court of Appeals · 1981
  3. People v. AshwalNew York Court of Appeals · 1976
  4. People v. KellyNew York Court of Appeals · 1984
  5. People v. KernNew York Court of Appeals · 1990

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3Cited by1 opinion

  1. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2021

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