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People v. Reid

238 A.D.2d 608 Court N.Y. App. Div. Decision date 1997-04-28 English

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p. 608
The People of the State of New York, Respondent, v Sharriff Reid, Appellant.
[657 NYS2d 957]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Steinhardt, J., at hearing; Gary, J., at trial and sentence), rendered May 4, 1995, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions, there existed probable cause for his arrest (see, People v Washington, 87 NY2d 945 ; People v Maldonado, 86 NY2d 631 ). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

p. 609
The defendant failed to sustain his burden of showing that the race-neutral reasons proffered by the prosecutor for peremptorily striking several black women from the venire panel were merely pretextual (see, Batson v Kentucky, 476 US 79 ; Purkett v Elem, 514 US 765 ; People v Allen, 86 NY2d 101 ; People v McMichael, 218 AD2d 671 ).

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

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