People v. Ware

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY WARE, Appellant

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

Date published: Dec 9, 1997

245 A.D.2d 85 (N.Y. App. Div. 1997)

665 N.Y.S.2d 869

Opinion

December 9, 1997

Appeal from the Supreme Court, Bronx County (Efrain Alvarado, J.).

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans did not establish a prima facie case (see, People v. Jenkins, 84 N.Y.2d 1001), particularly where, as here, Caucasians constituted but a small proportion of the entire pool of prospective jurors.

Concur — Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.