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PEOPLE v. PINTO

56 A.D.3d 494 (2008)

866 N.Y.S.2d 764

THE PEOPLE OF THE STATE OF New York, Respondent, v. RICHARD PINTO, Appellant.

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

November 6, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improperly grant the People's reverse-Batson application (see Batson v Kentucky, 476 U.S. 79 [1986]). The court concluded that the facially race-neutral explanation provided by defense counsel to explain the peremptory challenge in question was pretextual. The trial court is in the best situation to assess the credibility...

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