People v. Fuller
Opinion of the Court
—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 9, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Defendant’s Rosario claim does not warrant reversal. The record does not establish that the paperwork demanded ever existed and constituted a written or recorded statement of a
Defendant’s application made pursuant to Batson v Kentucky (476 US 79) was properly denied. Defendant has failed to provide an adequate record for review of this claim (see, People v Smith, 186 AD2d 35, 38, affd 81 NY2d 875), and, on the available record before us, we find that defendant failed to establish a prima facie case of purposeful discrimination (see, People v Jenkins, 84 NY2d 1001; People v Childress, 81 NY2d 263, 267; People v Bolling, 79 NY2d 317, 320).
The challenged portion of the prosecutor’s remarks, when viewed in context of the defense summation, did not shift the burden of proof (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976).
We perceive no basis for reduction of sentence. Concur— Rosenberger, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.