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PEOPLE v. SMITH

303 A.D.2d 206 (2003)

755 N.Y.S.2d 600

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WADDELL SMITH, Appellant.

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

Decided March 11, 2003.

The court properly found two defense peremptory challenges to be pretextual and seated the jurors. The record of jury selection as a whole supports the court's credibility-based determination, which is entitled to great deference (People v Hernandez, 75 N.Y.2d 350 [1990], affd 500 U.S. 352 [1991]). Defendant's uneven application of strikes with respect to one of the jurors at issue, and his...

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