PEOPLE v. AUSTIN


290 A.D.2d 225 (2002)

735 N.Y.S.2d 750

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP AUSTIN, Appellant.

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

Decided January 3, 2002.


The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79) since defendant failed to establish that the prosecutor's proffered explanations for challenging the panelists at issue were pretextual. The court's acceptance of the prosecutor's employment-based reasons for challenging these panelists is entitled to great deference (see, People v Wint, 237 A.D.2d 195

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