Appellate Division of the Supreme Court of New York, 2001

People v. Smocum

Appellate Division of the Supreme Court of New York · Decided September 24, 2001

286 A.D.2d 782; 730 N.Y.S.2d 719; 2001 N.Y. App. Div. LEXIS 8660

Cases that cite this one

1 later published case cites this decision.

Torres v. Educational Alliance, Inc. (Appellate Division of the Supreme Court of New York 2002)

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

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered May 6, 1998, convicting him of criminal *783possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, no Batson violation occurred during jury selection (see, Batson v Kentucky, 476 US 79). The Supreme Court properly determined that the race-neutral explanation proffered by the prosecutor for the challenge was not merely pretextual (see, People v Payne, 88 NY2d 172; People v Allen, 86 NY2d 101).

The defendant’s remaining contention is without merit. Ritter, J. P., S. Miller, Luciano and Crane, JJ., concur.

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