People v. Jenkins
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered February 28, 1992, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
After the court’s finding of a prima facie reverse-Baison pattern of purposeful discrimination, the defense counsel was asked to give a reason for her peremptory challenge to juror number 3. She indicated, "I didn’t feel comfortable with him. First of all, being from Borough Park, to me that might be a neighborhood where he might be uncomfortable with my client * * * My understanding of it, and I believe because my client is black, that might lead to some problems * * * The neighborhood makes me uncomfortable * * * it is quite a white neighborhood”. This explanation virtually defines purposeful exclusion based upon race. Accordingly, the trial court properly denied the peremptory challenge (see, People v Kern, 75 NY2d 638, cert denied 498 US 824; People v Allen, 86 NY2d 101).
The trial court properly admitted testimony that the police arrested the defendant because he was in a stolen car, and not because of the robbery. This evidence "was relevant to the officer’s motive for placing the defendant under arrest” (People v
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Pizzuto, Santucci and Joy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.