Legal Opinion

People v. Leary

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

Decided November 20, 2007PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered April 16, 2003, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.

The court properly granted the People’s reverse-Batson application (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 express and implied findings (see People v Payne, 88 NY2d 172, 185 [1996])…

2Cases cited8 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. People v. HernandezNew York Court of Appeals · 1990
  4. People v. KernNew York Court of Appeals · 1990
  5. People v. PayneNew York Court of Appeals · 1996

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3Cited by1 opinion

  1. People v. KadarkoAppellate Division of the Supreme Court of the State of New York · 2010

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