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People v. Ocasio

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 720 (N.Y. App. Div. 1998)

Opinion

September 29, 1998

Appeal from the Supreme Court, New York County (Martin Rettinger, J.).


The Batson colloquy demonstrates that defendant failed to make a prima facie showing that the People's peremptory challenge in question was motivated by a discriminatory intent ( People v. Bolling, 79 N.Y.2d 317, 325). The issue of whether a prima facie showing was made is not moot ( see, Hernandez v. New York, 500 U.S. 352, 359). Although the court did ask the People for an explanation of the challenge, and although the record is not always clear as to which Batson step was under consideration, a fair reading of the totality of the record establishes that the court did rule that there was no prima facie showing, and did not rule on the ultimate question of intentional discrimination ( supra). In any event, we find that defendant", present claims relating to the People's response to the Batson application are unpreserved and without merit.

Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.


Summaries of

People v. Ocasio

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 720 (N.Y. App. Div. 1998)
Case details for

People v. Ocasio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND OCASIO…

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

Date published: Sep 29, 1998

Citations

253 A.D.2d 720 (N.Y. App. Div. 1998)
678 N.Y.S.2d 257

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