People v. Maples , 719 N.Y.S.2d 875 ( 2001 )


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  • Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 10, 1998, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the third degree (three counts), assault in the second degree (two counts), resisting arrest, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

    Ordered that the judgment is affirmed.

    The record supports the trial court’s determination that the defendant’s proffered explanation for challenging a prospective white juror was pretextual since he did not challenge other. prospective jurors who were similarly situated (see, People v Smalls, 249 AD2d 495; People v Vega, 239 AD2d 615; People v Waldo, 221 AD2d 390). Accordingly, it was not error to seat the juror over the defendant’s objection. Ritter, J. P., Friedmann, H. Miller and Smith, JJ., concur.

Document Info

Citation Numbers: 279 A.D.2d 638, 719 N.Y.S.2d 875

Filed Date: 1/29/2001

Precedential Status: Precedential

Modified Date: 1/13/2022