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People v. Bracero

258 A.D.2d 419 Court N.Y. App. Div. Decision date 1999-01-12 English

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p. 419
The People of the State of New York, Respondent, v Louis Bracero, Appellant.
[682 NYS2d 353]

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered November 16, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s application made pursuant to Batson v Kentucky ( 476 US 79 ) was properly denied. The record supports the court’s findings that the prosecutor’s explanations for the disputed challenges were gender-neutral and nonpretextual. Such findings are entitled to great deference on appeal and we decline to disturb them (People v Hernandez, 75 NY2d 350 , affd 500 US 352 ). Concur — Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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