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People v. Hernandez

80 N.Y.2d 872 Court N.Y. Decision date 1992-07-07 English

Contents

Majority

p. 872
The People of the State of New York, Respondent, v Carlos Alamo Hernandez, Appellant.
Decided July 7, 1992
p. 873
APPEARANCES OF COUNSEL
Barry Stendig and Philip L. Weinstein for appellant.
Robert T. Johnson, District Attorney (Allen H. Saperstein and Peter D. Coddington of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contention that the People exercised their peremptory challenges in a racially discriminatory manner is baseless (see, Batson v Kentucky, 476 US 79 ). The courts below properly concluded that defendant failed to make out a prima facie showing that the prosecution purposefully excluded members of his race from the jury (id., at 96; see, People v Bolling, 79 NY2d 317 ).

We have examined defendant’s remaining contentions and find them to be either unpreserved or without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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