AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMMY SMITH, Appellant.

Ordered that the judgment is affirmed.

The defendant's claim of error pursuant to Batson v. Kentucky ( 476 U.S. 79) was never presented to the trial court as specifically based on a combination of race and gender. Thus, the defendant has failed to preserve for appellate review his contention that the trial court erred by finding that the defense had not established a prima facie case of discrimination by the prosecution in its use of peremptory challenges against African-American men ( see, People v. Stephens, 84 N.Y.2d 990; People v. Ramos, 223 A.D.2d 565). Moreover, we decline to reach the issue in the exercise of our interest of justice jurisdiction. Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. SMITH
(Apr 15, 1996)