People v. Rivera
Opinion of the Court
Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court erred in disallowing his peremptory challenge to a prospective juror because defense counsel provided a sufficient race-neutral explanation for the challenge (see Batson v Kentucky, 476 US 79 [1986]; People v Kern, 75 NY2d 638 [1990]). Defense counsel’s proffered explanation was that “[n]o one seemed to ask [the juror] anything,” and defense counsel “didn’t get enough about [the juror],” “didn’t ask a lot of questions,” and “didn’t have anything in line with [the juror].” This explanation amounted, essentially, to no reason at all (see People v Erskine, 90 AD3d 674, 674-675 [2011]; People v Carillo, 9 AD3d 333, 334 [2004]; People v Padgett, 303 AD2d 524 [2003]; People v Smith, 251 AD2d 355 [1998]). Thus, the Supreme Court properly disallowed the defendant’s peremptory challenge. Rivera, J.E, Lott, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.