PEOPLE v. BAIN


245 A.D.2d 523 (1997)

666 N.Y.S.2d 35

The People of the State of New York, Respondent, v. Marcus Bain, Appellant

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

December 22, 1997


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in determining that the defense counsel's racially-neutral explanations for challenging two jurors were pretextual. We disagree. The trial court was in the best position to determine the credibility of defense counsel's explanations and found that such explanations were not credible. Affording the trial court deference in its decision...

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