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People v. Phillip

279 A.D.2d 537 Court N.Y. App. Div. Decision date 2001-01-16 English

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p. 537
The People of the State of New York, Respondent, v Erickson Phillip, Appellant.
[718 NYS2d 879]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered December 10, 1998, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly determined that the prosecutor’s facially-neutral explanations for excusing two black prospective jurors were not pretextual (see, People v Payne, 88 NY2d 172 ; see also, People v Allen, 86 NY2d 101 ).

The defendant’s remaining contention is unpreserved for appellate review. Bracken, Acting P. J., Altman, Goldstein and McGinity, JJ., concur.

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