People v. Bain
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered September 27, 1995, convicting him of robbery in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in determining that the defense counsel’s racially-neutral explanations for challenging two jurors were pretextual. We disagree. The
While the trial court’s note-taking charge did not mirror the exact language required by People v DiLuca (85 AD2d 439), the error was harmless in light of the overwhelming evidence of the defendant’s guilt.
The imposition of consecutive sentences was proper (see, People v Daniels, 240 AD2d 590) and not excessive (see, People v Suitte, 90 AD2d 80). In addition, the defendant was not entitled to a second psychiatric examination before the court imposed sentence (see, People v Glover, 128 AD2d 636).
The defendant’s remaining contentions are without merit. Bracken, J. P., Copertino, Thompson and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.