People v. Bailey
Opinion of the Court
— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the trial court erred in denying his request to charge petit larceny as a lesser included offense of robbery in the third degree because,
We reject defendant’s assertion that the trial court erred in denying his Batson (see, Batson v Kentucky, 476 US 79) motion. We find that defendant established a prima facie case of "purposeful discrimination” when the prosecutor exercised a peremptory challenge to exclude the sole black venireperson (Batson v Kentucky, supra, at 96; see also, People v Scott, 70 NY2d 420). In our view, however, the prosecutor tendered a race-neutral reason for his use of this peremptory challenge (see, People v Johnson, 138 AD2d 952, lv denied 72 NY2d 862).
If there was any error in the court’s Sandoval ruling (see, People v Sandoval, 34 NY2d 371) the overwhelming evidence of defendant’s guilt rendered the error harmless (see, People v Crimmins, 36 NY2d 230; People v Melideo, 124 AD2d 1045, 1046, lv denied 69 NY2d 748).
We further conclude that the verdict is not against the weight of the evidence. We have examined all of the evidence as required by People v Bleakley (69 NY2d 490, 495) and we are persuaded that the jury gave the evidence the weight it should be accorded.
Finally, we conclude that, on this record, the trial court properly exercised its discretion when it declined to grant defendant youthful offender status (see, CPL 720.20; People v Williams, 78 AD2d 642). (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — robbery, third degree.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.