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People v. Garcia

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1024 (N.Y. App. Div. 1992)

Opinion

June 5, 1992

Appeal from the Supreme Court, Erie County, Glownia, J.

Present — Callahan, J.P., Boomer, Balio, Lawton and Doerr, JJ.


Adjudication unanimously affirmed. Memorandum: The prosecutor offered legitimate raceneutral reasons for the peremptory exclusion of two prospective Black jurors and Supreme Court properly denied defendant's motion for a mistrial (see, Batson v Kentucky, 476 U.S. 79; People v. Hernandez, 75 N.Y.2d 350, affd 500 US ___, 111 S Ct 1859; People v. Simmons, 171 A.D.2d 1053, affd 79 N.Y.2d 1013).

There is no merit to defendant's contention that prosecutorial misconduct during summation deprived him of a fair trial.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1024 (N.Y. App. Div. 1992)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABNER GARCIA, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 5, 1992

Citations

184 A.D.2d 1024 (N.Y. App. Div. 1992)
584 N.Y.S.2d 688