(Download) "People v. Gerald Campanella" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Gerald Campanella
- Author : Supreme Court of New York
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
DECISION & ORDER The defendant's Batson claim (see, Batson v Kentucky, 476 U.S. 79), premised on the prosecutor's use
of peremptory challenges to strike twice as many female jurors as male jurors (see, People v Blunt, 162 A.D.2d 86), is procedurally
flawed. While the defendant initially objected to the prosecutor's use of peremptory challenges as discriminatory, he neither
controverted the prosecutor's explanations for the challenged strikes, requested a hearing or further ruling by the trial
court, nor moved for a mistrial. Thus, we find that the issue of law is not preserved for appellate review (see, People v
Steans, A.D.2d [2d Dept., June 3, 1991]; People v Rosado, 166 A.D.2d 544). Were we inclined to address the claim in the exercise
of our interest of justice jurisdiction, the absence of a complete record of the voir dire precludes any finding as to the
defendant's establishment of a prima facie case of purposeful discrimination (see, People v Morales, 126 A.D.2d 836; People
v Cassell, 101 A.D.2d 1013). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it
was legally sufficient to establish the defendant's guilt beyond [176 A.D.2d 813 Page 814]
 "People v. Gerald Campanella" by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}