PEOPLE v. JAMES


99 N.Y.2d 264 (2002)

784 N.E.2d 1152

755 N.Y.S.2d 43

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERICK JAMES, Also Known as ISSAC DELAY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JONES, Also Known as RAY ANTHONY BROWN, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 2002.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Richard Joselson and Andrew C. Fine of counsel), for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Deborah L. Morse and Sylvia Wertheimer of counsel), for respondent in the first above-entitled action.

Legal Aid Society Criminal Appeals Bureau, New York City (Amy Donner and Andrew C. Fine of counsel), for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Sylvia Wertheimer and Deborah L. Morse of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

SMITH, J.

The issue in both of these cases is whether the Batson (Batson v Kentucky, 476 U.S. 79 [1986]) challenges were appropriately preserved. Because they were not, we affirm the orders of the Appellate Division upholding defendants' convictions.

People v James

On October 24, 1996, an off duty corrections officer observed defendant attempting to break into the officer...

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