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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1996
223 A.D.2d 565 (N.Y. App. Div. 1996)

Opinion

January 8, 1996

Appeal from the Supreme Court, Queens County (Berke, J.).


Ordered that the judgment is affirmed.

During the voir dire, defense counsel objected to the prosecutor's use of peremptory challenges against "young minority persons". After the trial court denied this objection, noting that it was not established that the prosecutor had discriminated against young people, defense counsel asserted that he was objecting to the "systematic exclusion of young minority women". On appeal the defendant now argues that the trial court erred in not finding a prima facie case of discriminatory peremptory challenges against "black women". However, inasmuch as the defendant's Batson claim was never expressed as one specifically based on a combination of race and gender, and was never presented to the trial court in those terms, the issue is unpreserved for appellate review (see, CPL 470.05; People v Stephens, 84 N.Y.2d 990; cf., People v Garcia, 217 A.D.2d 119).

Contrary to the defendant's contention, the court's charge, when viewed in its entirety, properly conveyed the applicable law as to both reasonable doubt and the burden of proof (see, People v Mosley, 67 N.Y.2d 985; People v Cohen, 61 A.D.2d 929; People v McCray, 57 A.D.2d 632).

We have considered the defendant's remaining contention and find it to be without merit. Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1996
223 A.D.2d 565 (N.Y. App. Div. 1996)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL RAMOS, Appellant

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

Date published: Jan 8, 1996

Citations

223 A.D.2d 565 (N.Y. App. Div. 1996)
636 N.Y.S.2d 394

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