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. HENRY JACOBS, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his Batson challenge ( see Batson v Kentucky, 476 US 79) because the prosecutor's explanation for exercising a peremptory challenge with respect to a male juror was a pretext for gender discrimination. However, since the defendant raised no objection to the prosecutor's explanation for challenging that juror, his contention is unpreserved for appellate review ( see People v James, 99 NY2d 264, 272; People v Thompson, 34 AD3d 852, 853; People v Harris, 294 AD2d 375; People v Sumpter, 286 AD2d 450, 452; People v Santiago, 272 AD2d 418).

In any event, the defendant's challenge was properly denied because he failed to satisfy his burden of demonstrating, under the third prong of the Batson analysis, that the facially genderneutral explanation given by the prosecutor for challenging the male juror was a pretext for gender discrimination ( see People v Payne, 88 NY2d 172, 181-183; People v Allen, 86 NY2d 101, 111; People v Thompson, 34 AD3d at 853; People v Sumpter, 286 AD2d at 452; People v Sedney, 254 AD2d 376).

Use AI to get other relevant cases.

Comments

THE PEOPLE OF v. HENRY JACOBS
(Sep 23, 2008)