People v. Benjamin, 278 A.D.2d 239 (N.Y. App. Div. 2000). · Go Syfert
People v. Benjamin, 278 A.D.2d 239 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Edward Benjamin
Appellate Division of the Supreme Court of the State of New York.
Dec 4, 2000.
278 A.D.2d 239
Cited by 1 opinion  |  Published

Appeal by the defendant from a judgment of the County Court, Westchester County (Perone, J.), rendered February 25, 1999, convicting him of attempted assault in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), reckless endangerment in the first degree, reckless endangerment in the second degree, and attempted robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In response to the defendant’s Batson challenge (see, Batson v Kentucky, 476 US 79), the prosecutor responded with a race-neutral reason for exercising a peremptory challenge, thereby shifting the burden to the defendant to prove that the peremptory challenge was used in a racially-discriminatory manner (see, People v Allen, 86 NY2d 101, 109). The defendant failed to prove that the reason given by the prosecutor was pretextual and that the prosecutor acted in a racially-discriminatory man[*240] ner. Accordingly, the denial of his Batson challenge was proper (see, Batson v Kentucky, supra; People v Allen, supra; People v Wint, 237 AD2d 195).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Santucci and Schmidt, JJ., concur.