PEOPLE v. SWEEPER

No. 233 SSM 52

15 N.Y.3d 925 (2010)

940 N.E.2d 913

915 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE SWEEPER, Appellant.

Court of Appeals of New York.

Decided December 14, 2010.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Susan H. Salomon and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patricia Curran of counsel), for respondent.

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


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Defendant failed to establish a step one prima facie case of racial discrimination (id. at 94-97; People v Hecker, 15 N.Y.3d 625 [2010]). Defendant's challenge to the constitutionality...

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