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PEOPLE v. SANTANA

235 A.D.2d 265 (1997)

652 N.Y.S.2d 525

The People of the State of New York, Respondent, v. Jose Santana, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 16, 1997

The court properly seated a venireperson whom defendant had sought to challenge peremptorily. The court's implicit finding that defendant's preferred race-neutral explanations were pretextual is supported by the record (see, People v Payne, 88 N.Y.2d 172, 185). Having given both parties ample opportunity to advance their positions, the trial court was entitled promptly to rule on the question of pretext, and defendant failed...

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