People v. Goldbeck

• Decision Date: 03 May 1993
• Citation: 597 N.Y.S.2d 602,193 A.D.2d 617
• Parties: The PEOPLE, etc., Respondent, v. Kevin GOLDBECK, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 602

597 N.Y.S.2d 602

193 A.D.2d 617

The PEOPLE, etc., Respondent, v. Kevin GOLDBECK, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

May 3, 1993

Ellen E. Edwards, Brooklyn, for appellant. Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Carol Teague Schwartzkopf, and Monique Ferrell, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered November 21, 1989, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered. The defendant's contention that the prosecutor exercised peremptory challenges to potential venirepersons in a racially-motivated manner, violating the standard established by Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69, is supported by the record (see, People v. Brown, 193 A.D.2d 611, 597 N.Y.S.2d 434 [decided herewith]. We have examined the defendant's remaining contentions and find that they are unpreserved for appellate review or without merit.

SULLIVAN, J.P., and BALLETTA, LAWRENCE and EIBER, JJ., concur.