People v. Velasquez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We reject defendant’s contention that the People failed to articulate a racially neutral explanation for excusing a prospective juror (see, Batson v Kentucky, 476 US 79). The prospective juror had volunteered the information that she had two Hispanic children, one of whom resembled defendant, and the prosecutor exercised a peremptory challenge. The record does not reveal whether the juror was Hispanic. Membership in a "cognizable racial group” is a necessary element in establishing…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. HernandezNew York Court of Appeals · 1990
- People v. DuncanAppellate Division of the Supreme Court of the State of New York · 1992
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by7 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HollowayAppellate Division of the Supreme Court of the State of New York · 1999
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. DouglasAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DowdellAppellate Division of the Supreme Court of the State of New York · 2023
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