PEOPLE v. CUNNINGHAM


21 A.D.3d 746 (2005)

800 N.Y.S.2d 550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH CUNNINGHAM, Appellant.

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

September 8, 2005.


Upon his conviction for possession with intent to sell narcotics, defendant raises four arguments for reversal: the prosecutor exercised peremptory jury challenges in a racially discriminatory manner; his conviction was against the weight of the evidence; the prosecutor was guilty of misconduct during opening and closing statements; and the court's adverse inference instruction was an inadequate sanction for lost Rosario material. None of these arguments justify reversal...

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