Legal Opinion

People v. Simmons

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

Decided March 8, 1991PublishedCited by 7 opinions

1Opinion of the Court

Judgment affirmed. Memorandum: Defendant was convicted of possession and sale of a controlled substance. There is no merit to his contention that the prosecution discriminated on racial grounds in peremptorily excusing the only black prospective jurors available in the venire. Defendant was charged with sale of cocaine to an undercover officer at 11 Thomas Street in Rochester. The prosecutor explained that she excused the two black prospective jurors and a Caucasian juror because they had some familiarity with Thomas Street. The court properly determined that the prosecutor’s explanation was…

2Cases cited2 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. HernandezNew York Court of Appeals · 1990

3Cited by7 opinions

  1. People v. BarneyAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. GantAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. WelchAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. BollingNew York Court of Appeals · 1992

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