94 A.D.3d 775 941 N.Y.S.2d 514

The People of the State of New York, Respondent, v Joel Billy, Appellant.

[941 NYS2d 514]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered July 6, 2009, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly granted the People’s reverse-Batson challenge (see Batson v Kentucky, 476 US 79 [1986]; People v Luciano, 10 NY3d 499, 502-503 [2008]; People v Kern, 75 NY2d 638 [1990], cert denied 498 US 824 [1990]). The Supreme Court’s determination that defense counsel’s proffered reasons for challenging the juror in question were pretextual is entitled to deference and is supported by the record (see People v Clarke, 64 AD3d 612 [2009]; People v Richie, 217 AD2d 84, 89 [1995]). Balkin, J.P., Chambers, Hall and Austin, JJ., concur.

People v. Billy
94 A.D.3d 775 941 N.Y.S.2d 514

Case Details

Name
People v. Billy
Decision Date
Apr 3, 2012
Citations

94 A.D.3d 775

941 N.Y.S.2d 514

Jurisdiction
New York

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