From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1993
192 A.D.2d 628 (N.Y. App. Div. 1993)

Opinion

April 12, 1993

Appeal from the County Court, Suffolk County (Namm, J.).


Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial on the ground that the prosecutor exercised his peremptory challenges in a racially discriminatory manner is unpreserved for appellate review (see, People v Bowman, 185 A.D.2d 891; People v Campanella, 176 A.D.2d 813; People v Steans, 174 A.D.2d 582). In any event, even assuming that the defendant made a prima facie showing of discriminatory jury selection, the record supports the trial court's conclusion that the prosecutor articulated race-neutral reasons for excusing two black prospective jurors in question (see, Batson v Kentucky, 476 U.S. 79; People v Kern, 75 N.Y.2d 638, cert denied 498 U.S. 824; People v Hernandez, 75 N.Y.2d 350, affd sub nom. Hernandez v New York 500 US ___, 111 S Ct 1859; People v McArthur, 178 A.D.2d 612; People v Howard, 143 A.D.2d 943; United States v Alvarado, 951 F.2d 22). We see no basis to disturb the trial court's decision to credit the explanations proffered by the prosecutor (see, Hernandez v New York, supra).

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of the crime charged.

The defendant's sentence was not excessive in light of his lengthy criminal history (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contention raised in his supplemental pro se brief and find it to be without merit. Bracken, J.P., Sullivan, Balletta and Copertino, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1993
192 A.D.2d 628 (N.Y. App. Div. 1993)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SMITH, Appellant

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

Date published: Apr 12, 1993

Citations

192 A.D.2d 628 (N.Y. App. Div. 1993)
596 N.Y.S.2d 735

Citing Cases

People v. Smith

lure to confine [her] testimony to the subject of the Grand Jury inquiry" (People v Valvano, 186 A.D.2d 769;…

People v. Holman

05; People v. Cruz, 200 A.D.2d 581; People v. Bowman, 185 A.D.2d 891). In any event, we find no basis in the…