People v. Guzman
Opinion of the Court
—Appeal by the de
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the Supreme Court properly found that the prosecutor’s race-neutral explanations for excluding black potential jurors were not pretextual (see, Hernandez v New York, 500 US 352, 353). Under the third step of the Batson analysis, the Supreme Court must “undertake ‘a sensitive inquiry into such circumstantial and direct evidence of intent as may be available’ ” (Batson v Kentucky, 476 US 79, 93, quoting Arlington Hgts. v Metropolitan Hous. Dev. Corp., 427 US 252, 266), to determine whether the facially-neutral explanations offered by the prosecutor are legitimate and not a mere pretext for discrimination (see, Hernandez v New York, supra, at 359-360; People v Giles, 237 AD2d 374;, People v Malik’El, 234 AD2d 566). Here, after conducting such an inquiry at the hearing held upon the remittitur, and weighing the relevant facts and circumstances, the Supreme Court found that the defendant had not sustained his burden of demonstrating that the disputed challenges were the product of purposeful discrimination (see, People v Payne, 88 NY2d 172, 181; People v Queen, 258 AD2d 480). The record supports the determination of the Supreme Court, and we decline to disturb it (see, People v Jackson, 249 AD2d 415; People v McDougle, 230 AD2d 808).
We reject the defendant’s contention that reversal is warranted because the People’s CPL 710.30 notice failed to clearly advise him that a certain eyewitness had identified him from a photo array. The defendant in effect moved at the Wade hearing to suppress the prospective identification testimony of this eyewitness, and the Supreme Court conducted a full hearing on the fairness of the photo array from which both the eyewitness and another eyewitness, who was the subject of the People’s CPL 710.30 notice, identified the defendant. Under these circumstances, the People’s failure to provide notice can
The defendant’s remaining contentions are unpreserved for appellate review or without merit. O’Brien, J. P., Sullivan, Krausman and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.