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People v. Russell

233 A.D.2d 469 Court N.Y. App. Div. Decision date 1996-11-18 English

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p. 469
The People of the State of New York, Respondent, v Orlando Russell, Appellant.
[650 NYS2d 601]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered January 3, 1995, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find no basis in the record to disturb the trial court’s determination to seat a prospective juror after its finding that defense counsel’s race-neutral explanation for challenging that juror was pretextual (see, People v Payne, 88 NY2d 172 ; People v Allen, 86 NY2d 101 ). Rosenblatt, J. P., O’Brien, Thompson and McGinity, JJ., concur.

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