← Cases

People v. Coleman

287 A.D.2d 648 Court N.Y. App. Div. Decision date 2001-10-22 English

Contents

Majority

p. 648
The People of the State of New York, Respondent, v Mark Coleman, Appellant.
[731 NYS2d 869]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 24, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court properly denied his Batson challenge (see, Batson v Kentucky, 476 US 79 ). The prosecutor’s reason for challenging the subject juror was race-neutral and was supported by the record (cf., People v McIndoe, 277 AD2d 252 ). The defendant failed to demonstrate that the reason given by the prosecutor was pretextual (see, People v Payne, 88 NY2d 172 , 182; People v Allen, 86 NY2d 101 , 109-110; People v Richie, 217 AD2d 84 , 87).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpre

p. 649
served for appellate review or are without merit. Santucci, J. P., Goldstein, Townes and Cozier, JJ., concur.

Cases cited