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PEOPLE v. HERNANDEZ

80 N.Y.2d 872 (1992)

The People of the State of New York, Respondent, v. Carlos Alamo Hernandez, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Barry Stendig and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Allen H. Saperstein and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is baseless (see, Batson v Kentucky, 476 U.S. 79). The courts below properly concluded that defendant failed to make out a prima facie showing that the prosecution purposefully excluded members...

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