AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND TAPPER, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly granted the People's reverse-Batson challenge ( see Batson v Kentucky, 476 US 79; People v Luciano, 10 NY3d 499, 502-503). The trial court's determination that the proffered reason for challenging the juror in question, that she had previously served on a jury, was pretextual, is entitled to great deference and is supported by the record ( see People v Quito, 43 AD3d 411, 412-413; People v Richie, 217 AD2d 84, 89).

The trial court providently exercised its discretion in denying the defendant's challenge for cause to a potential juror ( see People v Franklin, 7 AD3d 966, 967). Even if a prima facie showing of actual bias had been made ( see People v Torpey, 63 NY2d 361, 367), her unequivocal answers demonstrated that she could be fair and impartial ( see People v Chambers, 97 NY2d 417, 419; People v Johnson, 278 AD2d 245).

The defendant's contention that the prosecutor violated the unsworn witness rule during the prosecutor's cross-examination of him and during summation is unpreserved for appellate review and, in any event, is without merit ( see People v Paperno, 54 NY2d 294, 302; People v Rivera, 27 AD3d 491, 492; People v Blackwood, 295 AD2d 292, 293).

The defendant's challenge to certain remarks made by the prosecutor during summation is unpreserved for appellate review ( see People v Hollenquest, 48 AD3d 592, 593). In any event, the remarks either were fair comment, were within the permissible bounds of rhetorical comment, or do not warrant reversal ( see People v Galloway, 54 NY2d 396, 401; People v Wright, 40 AD3d 1021; People v Heide, 206 AD2d 875, affd 84 NY2d 943).

On this record, we cannot conclude that the defendant was denied effective assistance of counsel ( see Strickland v Washington, 466 US 668; People v Steele, 135 AD2d 673).

Use AI to get other relevant cases.

Comments

PEOPLE v. TAPPER
(Jul 7, 2009)