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People v. Fortune

243 A.D.2d 646 Court N.Y. App. Div. Decision date 1997-10-20 English

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p. 646
The People of the State of New York, Respondent, v Patrick Fortune, Appellant.
[664 NYS2d 562]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (R. Goldberg, J.), rendered August 4, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the People used their peremptory challenges to strike black venirepersons in violation of Batson v Kentucky ( 476 US 79 ). However, review of the record reveals that the trial court properly determined that the defendant failed to sustain his ultimate burden of persuasion that the race-neutral reasons proffered by the People were pretextual (see, People v Payne, 88 NY2d 172 ; People v Allen, 86 NY2d 101 ).

Although several comments by the prosecutor would have been better left unsaid, the People’s summation did not deprive the defendant of a fair trial (see, People v Crimmins, 36 NY2d 230 ).

The defendant’s claim that he was denied effective assistance of counsel at trial because his attorney failed to discuss with him a plea agreement offered by the People concerns matters dehors the record and is not reviewable on direct appeal (see, People v Baldi, 54 NY2d 137 ; People v Richardson, 162 AD2d 557 ). Ritter, J. P., Friedmann, Krausman and McGinity, JJ., concur.

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