Legal Opinion
People v. Hodges
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2012PublishedCited by 1 opinion
1Opinion of the Court
The court properly denied defendant’s application pursuant to Batson v Kentucky (476 US 79 [1986]). Defendant failed to meet his burden of establishing that the prosecutor’s facially nondiscriminatory reasons for peremptorily challenging a prospective juror were pretextual (see People v Payne, 88 NY2d 172, 181 [1996]).
The record supports the court’s rejection of defendant’s claim of pretext, and that finding is entitled to great deference (see Snyder v Louisiana, 552 US 472, 477 [2008]; People v Hernandez, 75 NY2d 350 [1990], affd 500 US 352 [1991]). We do not find any disparate treatment by…
2Cases cited8 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. HernandezNew York Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- FARRARE, TIMOTHY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014