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People v. Dyer
Citations: 245 A.D.2d 299; 667 N.Y.S.2d 273; 1997 N.Y. App. Div. LEXIS 12108
Court: Appellate Division of the Supreme Court of the State of New York; November 30, 1997; New York; State Appellate Court
The defendant's appeal from a Supreme Court judgment convicting him of second-degree murder was affirmed. The court upheld the trial court's decision to disallow three peremptory challenges made by the defendant, which were found to be discriminatory against white women, thus violating Batson v. Kentucky. The appellate court deferred to the trial court's determination that the challenges were pretextual, supported by the record. The evidence presented at trial was deemed legally sufficient to establish the defendant's guilt beyond a reasonable doubt, and the verdict was not against the weight of the evidence. The defendant's claim regarding the prosecutor's remarks during summation was deemed unpreserved for appellate review, and the comments were not found to be improper as they related to the evidence or were fair responses to defense arguments. Additionally, the court found no error in denying the defendant's request to modify the jury charge on identification, as the charge adequately addressed the factors for assessing the credibility of the identification witness and the requirement of proving identity beyond a reasonable doubt. The sentence imposed was considered neither harsh nor excessive, and any remaining contentions by the defendant were unpreserved for review and lacked merit. The judges concurred in this decision.