People v. Virgil
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention pursuant to Batson v Kentucky (476 US 79) that the prosecutor failed to offer a race-neutral reason for exercising his peremptory challenge to exclude a prospective juror (see, People v Bennett, 206 AD2d 382, 383, lv denied 85 NY2d 859; People v Duncan, 177 AD2d 187, 193-194, lv denied 79 NY2d 1048). County Court’s failure to rule on defendant’s pro se motion to set aside the verdict on the ground of insufficient evidence does not require that the matter be remitted. A court’s failure to rule is deemed a denial of the motion (see, People v Bailey, 58 NY2d 272, 275). In any event, the motion “was unavailing” because defendant was represented by assigned counsel and the record fails to establish that defense counsel adopted the motion as his own (People v Pitcher, 182 AD2d 878, 879, lv denied 80 NY2d 933). Defendant’s further contention that the record is insufficient to support the court’s determination to sentence defendant as a persistent felony offender
Case-law data current through December 31, 2025. Source: CourtListener bulk data.