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PEOPLE v. DIAZ

269 A.D.2d 766 (2000)

703 N.Y.S.2d 414

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARDO DIAZ, Appellant.

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

Decided February 16, 2000.

Judgment unanimously affirmed.

Memorandum:

Supreme Court did not abuse its discretion in denying defendant's Batson motion (see, Batson v Kentucky, 476 U.S. 79). The prosecutor's explanation for exercising a peremptory challenge to strike a Hispanic juror, that his "body language" indicated unwillingness to look at the prosecutor while he was asking questions of the witness, was race-neutral (see, People v Hernandez...

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