Legal Opinion
People v. Tsouristakis
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2011PublishedCited by 3 opinions
1Opinion of the Court
The court properly granted the People’s reverse-Batson application (see Batson v Kentucky, 476 US 79 [1986]; People v Kern, 75 NY2d 638 [1990], cert denied 498 US 824 [1990]). The record supports the court’s finding that the race-neutral reasons provided by defense counsel for the peremptory challenge at issue were pretextual. These findings, based primarily on the court’s assessment of counsel’s credibility, are entitled to great deference (see Snyder v Louisiana, 552 US 472, 477 [2008]; People v Hernandez, 75 NY2d 350, 356 [1990], affd 500 US 352 [1991]). Initially, we note that the People…
2Cases cited13 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. DanielsonNew York Court of Appeals · 2007
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Snyder v. LouisianaSupreme Court of the United States · 2008
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- People v. GloverAppellate Division of the Supreme Court of the State of New York · 2014
- People v. Payne (Aubrey)Appellate Terms of the Supreme Court of New York · 2017
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 2020