Appellate Division of the Supreme Court of New York, 1999

People v. Bracero

People v. Bracero
Appellate Division of the Supreme Court of New York · Decided January 12, 1999
257 A.D.2d 419; 682 N.Y.S.2d 353; 1999 N.Y. App. Div. LEXIS 202
People v. Bracero

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered November 16, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s application made pursuant to Batson v Kentucky (476 US 79) was properly denied. The record supports the court’s findings that the prosecutor’s explanations for the disputed challenges were gender-neutral and nonpretextual. Such findings are entitled to great deference on appeal and we decline to disturb them (People v Hernandez, 75 NY2d 350, affd 500 US 352). Concur—Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.

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