People v. Fennell

Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered December 18, 1991, convicting defendant, after a jury trial, of murder in the second degree and kidnapping in the first degree, and sentencing him to consecutive terms of 25 years to life and 15 years to life, respectively, unanimously affirmed.

The record supports the trial court’s conclusion that defense counsel’s peremptory challenges violated Batson v Kentucky (476 US 79). The trial court’s resolution of the "step three pretext determination” (People v Payne, 88 NY2d 172, 183) turned on the court’s assessment of defense…