People v. Font
| Decision Date | 16 January 1996 |
| Citation | 637 N.Y.S.2d 16,223 A.D.2d 600 |
| Parties | The PEOPLE, etc., Respondent, v. Anthony FONT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
David Epstein, New York City, for appellant.
Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Nancy F. Talcott, and Catherine Dagonese, of counsel), for respondent.
Before THOMPSON, J.P., and FRIEDMANN, KRAUSMAN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 25, 1994, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Firetog, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgment and amended judgment are affirmed.
The defendant's contention that the court failed to require the People to provide race-neutral explanations for their peremptory challenges to certain jurors during the first two rounds of voir dire, after the court ruled in the third round that a prima facie case of discrimination was established, is unpreserved for review, as the defense never requested explanations for the challenges exercised during the first two rounds (see, CPL 470.05[2]; People v. Negron, 214 A.D.2d 588, 625 N.Y.S.2d 73; People v. Bosquez, 211 A.D.2d 727, 621 N.Y.S.2d 657; People v. Cruz, 200 A.D.2d 581, 606 N.Y.S.2d 291).
The hearing court properly declined to suppress the identification testimony of the eyewitnesses, as the photographic array was not unduly suggestive and did not draw the viewer's attention to the defendant's photograph (see, People v. Jones, 166 A.D.2d 724, 561 N.Y.S.2d 651; People v. Thomas, 147 A.D.2d 510, 512, 537 N.Y.S.2d 600).
The defendant's contention...
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Caston v. Costello, 97CV7623 (ARR).
... ... Thus, he renewed the Batson application: ... Since the People have also struck Miss Smyler, who is also an Afro-American female, and they have seemed to have used an inordinate amount of their strikes against ... Caston, 239 A.D.2d 355, 355, 657 N.Y.S.2d 979, 979 (2d Dep't 1997) (citing People v. Font, 223 A.D.2d 600, 637 N.Y.S.2d 16 (2d Dep't 1996)). 5 Caston sought leave to appeal to the Court of Appeals, arguing only that the trial court had ... ...
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... ... Font, 223 A.D.2d 600, 637 N.Y.S.2d 16) ... Although the trial court erred in failing to provide the requested readback of relevant cross-examination testimony of the undercover officer, such failure is not reversible error as it did not seriously prejudice the defendant (see, People v ... ...
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Matter of Jaquan C.
... ... People v Stephens, 143 A.D.2d 692; People v Price, 256 A.D.2d 596; People v Font, 223 A.D.2d 600). In response, the appellant failed to demonstrate that the ... ...
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... ... The array here does not draw the viewer's attention to the defendant's photograph, nor does the lighting background of the defendant's photo make it stand out from the others (see, People v. Font, 223 A.D.2d 600, 637 N.Y.S.2d 16; People v. Guzman, 220 A.D.2d 614, 632 N.Y.S.2d 594) ... Testimony was presented at the Wade hearing which established that the victim observed the defendant at close range and under good lighting conditions for approximately five to six minutes ... ...