Appellate Division of the Supreme Court of New York, 2002

People v. Welch

Appellate Division of the Supreme Court of New York · Decided October 1, 2002

298 A.D.2d 903; 747 N.Y.S.2d 843; 2002 N.Y. App. Div. LEXIS 9048

Cases that cite this one

6 later published cases cite this decision.

People v. Scott (Appellate Division of the Supreme Court of New York 2006)
People v. Bradley (Appellate Division of the Supreme Court of New York 2005)
People v. Wardlaw (Appellate Division of the Supreme Court of New York 2005)
People v. McCauley (Appellate Division of the Supreme Court of New York 2005)
People v. Afrika (Appellate Division of the Supreme Court of New York 2004)
People v. Harris (Appellate Division of the Supreme Court of New York 2003)

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 from a judgment of Onondaga County Court (Fahey, J.), entered June 14, 2001, convicting defendant after a jury trial of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). County Court properly denied defendant’s Batson challenge with respect to a black female prospective juror. The court properly determined that the prosecutor’s explanation for exercising a peremptory challenge with respect to that juror was race-neutral and that defendant failed to meet his ultimate burden of establishing that the explanation was a pretext for racial discrimination (see People v Simmons, 171 AD2d 1053, affd 79 NY2d 1013; People v Diaz, 269 AD2d 766, lv denied 95 NY2d 852; see generally People v Payne, 88 NY2d 172, 181). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495), and the sentence is not unduly harsh or severe. Present — Green, J.P., Hayes, Hurlbutt, Gorski and Lawton, JJ.

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