Appellate Division of the Supreme Court of New York, 1996

People v. Russell

People v. Russell
Appellate Division of the Supreme Court of New York · Decided November 18, 1996
233 A.D.2d 469; 650 N.Y.S.2d 601; 1996 N.Y. App. Div. LEXIS 11961
People v. Russell

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered January 3, 1995, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find no basis in the record to disturb the trial court’s determination to seat a prospective juror after its finding that defense counsel’s race-neutral explanation for challenging that juror was pretextual (see, People v Payne, 88 NY2d 172; People v Allen, 86 NY2d 101). Rosenblatt, J. P., O’Brien, Thompson and McGinity, JJ., concur.

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