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People v. Smocum

286 A.D.2d 782 Court N.Y. App. Div. Decision date 2001-09-24 English

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p. 782
The People of the State of New York, Respondent, v John Smocum, Appellant.
[730 NYS2d 719]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered May 6, 1998, convicting him of criminal

p. 783
possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, no Batson violation occurred during jury selection (see, Batson v Kentucky, 476 US 79 ). The Supreme Court properly determined that the race-neutral explanation proffered by the prosecutor for the challenge was not merely pretextual (see, People v Payne, 88 NY2d 172 ; People v Allen, 86 NY2d 101 ).

The defendant’s remaining contention is without merit. Ritter, J. P., S. Miller, Luciano and Crane, JJ., concur.

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