People v. Brooks
| Decision Date | 12 May 1992 |
| Parties | , 596 N.E.2d 408 The PEOPLE of the State of New York, Respondent, v. Floyd BROOKS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 176 A.D.2d 812, 574 N.Y.S.2d 1012, should be affirmed.
Defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is unfounded (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69). As to each of the stricken jurors in question, the record indicates that the prosecution met its burden of coming forward with a racially neutral reason for challenging them (see, People v. Simmons, 79 N.Y.2d 1013, 584 N.Y.S.2d 423, 594 N.E.2d 917; People v. Hernandez, 75 N.Y.2d 350, 553 N.Y.S.2d 85, 552 N.E.2d 621, affd 500 U.S. ----, 111 S.Ct. 1859, 114 L.Ed.2d 395).
Defendant's assertion that the evidence against him was legally insufficient to sustain his conviction for robbery in the first degree is likewise unavailing. Viewing the proof adduced below in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we conclude that the jury could have rationally found that defendant intended permanently to deprive the undercover police officer of his gun when he took it from him.
We have examined defendant's remaining contention and find it to be unpreserved for our review.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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