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PEOPLE v. SIMMONS

39 A.D.3d 288 (2007)

834 N.Y.S.2d 112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE SIMMONS, Appellant.

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

Decided April 10, 2007.

The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Defendant did not produce "evidence sufficient to permit the trial judge to draw an inference that discrimination ha[d] occurred" (Johnson v California, 545 U.S. 162, 170 [2005]), and thus failed to make a prima facie showing of racial discrimination in the People's exercise of their peremptory...

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