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PEOPLE v. MacSHANE

11 N.Y.3d 841 (2008)

2008 NY Slip Op 09250

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERMOT MacSHANE, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 2008.

Attorney(s) appearing for the Case

Norman A. Olch, New York City, for appellant.

Adam B. Levy, District Attorney, Carmel (Mary Jane MacCrae of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Defendant Dermot MacShane failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 U.S. 79 [1986]). As this Court has held, "sketchy assertions" and the fact that the prospective jurors "indicated no reason why they could not serve fairly...

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