People v. Cassell
| Decision Date | 25 May 1984 |
| Citation | 476 N.Y.S.2d 678,101 A.D.2d 1013 |
| Parties | PEOPLE OF the State of New York, Respondent, v. James H. CASSELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Rose H. Sconiers by Charles Halvorsen, Buffalo, for appellant.
Richard Arcara by Michael Marion, Buffalo, for respondent.
Before DILLON, P.J., and DENMAN, BOOMER, GREEN and SCHNEPP, JJ.
On appeal from a judgment of conviction for criminal possession of stolen property in the first degree and third degree, defendant raises several arguments, only one deserving of our attention. Defendant contends that the trial court erred in denying his motion for a mistrial because the prosecutor unlawfully used four of eight peremptory challenges to exclude the only black persons remaining in the panel of thirty-eight prospective jurors. We decline to reach this contention because the voir dire was not recorded and there is no basis in the record to ascertain whether defendant established a prima facie case of discrimination (see People v. Charles, 61 N.Y.2d 321, 473 N.Y.S.2d 941, 462 N.E.2d 118; People v. McCray, 57 N.Y.2d 542, 546, 457 N.Y.S.2d 441, 443 N.E.2d 915, cert den 461 U.S. 961, 103 S.Ct. 2438, 77 L.Ed.2d 1322, mot. for rearg. den. 60 N.Y.2d 587, 467 N.Y.S.2d 1031, 454 N.E.2d 127). We have considered the other points raised by the defendant and find each of them lacking in merit.
Judgment unanimously affirmed.
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