Appellate Division of the Supreme Court of New York, 1997

People v. Caraballo

People v. Caraballo
Appellate Division of the Supreme Court of New York · Decided April 21, 1997
238 A.D.2d 517; 657 N.Y.S.2d 924; 1997 N.Y. App. Div. LEXIS 3987
People v. Caraballo

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered July 11, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the defendant raises Batson issues (see, Batson v Kentucky, 476 US 79) regarding the People’s peremptory challenges of one hispanic and two black potential jurors, upon our review of the voir dire minutes we find no impropriety in the court’s ruling that these challenges were race-neutral and not pretextual (see, People v Hernandez, 75 NY2d 350, affd 500 US 352). Rosenblatt, J. P., Ritter, Thompson and Sullivan, JJ., concur.

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