Appellate Division of the Supreme Court of New York, 1997

People v. Ware

Appellate Division of the Supreme Court of New York · Decided December 9, 1997

245 A.D.2d 85; 665 N.Y.S.2d 869; 1997 N.Y. App. Div. LEXIS 12796

Cases that cite this one

3 later published cases cite this decision.

Rosario v. Ercole (District Court, S.D. New York 2008)
People v. Rosario (Appellate Division of the Supreme Court of New York 2001)
People v. Willingham (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 20, 1995, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and three counts of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 6 to 12 years, unanimously affirmed.

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans *86did not establish a prima facie case (see, People v Jenkins, 84 NY2d 1001), particularly where, as here, Caucasians constituted but a small proportion of the entire pool of prospective jurors. Concur—Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.