Appellate Division of the Supreme Court of New York, 2000

People v. Cousin

Appellate Division of the Supreme Court of New York · Decided May 15, 2000

272 A.D.2d 477; 707 N.Y.S.2d 676; 2000 N.Y. App. Div. LEXIS 5536

Cases that cite this one

9 later published cases cite this decision.

Cousin v. Bennett (2d Cir. 2008)
Cousin v. Bennett (2d Cir. 2008)
People v. Gamble (Appellate Division of the Supreme Court of New York 2016)
People v. Thomas (Appellate Division of the Supreme Court of New York 2003)
People v. Devorce (Appellate Division of the Supreme Court of New York 2002)
People v. Pinoargotty (Appellate Division of the Supreme Court of New York 2002)
People v. Bludson (Appellate Division of the Supreme Court of New York 2001)
People v. Hinton (Appellate Division of the Supreme Court of New York 2001)
People v. Taylor (Appellate Division of the Supreme Court of New York 2001)

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

*478Contrary to the defendant’s contentions on appeal, the fact that the prosecutor peremptorily challenged the only black potential juror to be questioned during voir dire was insufficient, without more, to establish a prima facie case of purposeful discrimination (see, Batson v Kentucky, 476 US 79; People v Payne, 88 NY2d 172; People v Bolling, 79 NY2d 317; People v Blackford, 256 AD2d 619). The defendant did not articulate a sound factual basis for his Batson claim, as he failed to establish the existence of facts and other relevant circumstances giving rise to an inference of purposeful discrimination (see, People v Childress, 81 NY2d 263, 268; People v Willingham, 253 AD2d 533).

The People’s disclosure of a statement by a witness who spoke to the victim after the rape, which the defendant asserted was Brady material, was made in time to afford the defendant an opportunity to use it effectively (see, Brady v Maryland, 373 US 83; People v Perkins, 227 AD2d 572).

The defendant’s remaining contentions are without merit. Ritter, J. P., Sullivan, Altman and Feuerstein, JJ., concur.

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered August 8, 1997, convicting him of rape in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.