People v. Perez

• Decision Date: 24 January 2005
• Docket Number: 1999-11047.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIMAS PEREZ, Appellant.
• Court: New York Supreme Court — Appellate Division

14 A.D.3d 625

788 N.Y.S.2d 428

2005 NY Slip Op 00412

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIMAS PEREZ, Appellant.

1999-11047.

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

January 24, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered November 5, 1999, convicting him of murder in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court employed an improper procedure in determining the defendant's challenge to the People's peremptory challenges. Determining whether the People exercised peremptory challenges to strike potential jurors for reasons that implicate equal protection concerns is a three-step process (see Batson v Kentucky, 476 US 79, 96-97 [1986]; Hernandez v New York, 500 US 352, 358 [1991]). First, the defendant must allege sufficient facts to raise an inference that the prosecution has exercised peremptory challenges for discriminatory purposes. Second, if the requisite showing has been made, the burden shifts to the prosecution to articulate a neutral explanation for striking the jurors in question. Finally, the trial court must determine whether the proffered reasons are pretexutal (see Hernandez v New York, supra; People v Allen, 86 NY2d 101 [1995]).

Contrary to the defendant's contention, the court did not improperly rush or compress the Batson inquiry and, therefore, the defendant failed to meet his burden of establishing an equal protection violation. When the defendant first raised a Batson objection, the trial court should have decided whether the defense met its step-one burden of establishing a prima facie case of discrimination. That issue became moot when the People stated their reasons and the court ruled on the ultimate issue (see People v Smocum, 99 NY2d 418 [2003]). The prosecutor's reasons for the challenged strikes were facially race-neutral and thus met the step-two burden of production. In addition, the court did not meld steps two and three. Defense counsel was allowed to argue that the reasons were pretextual, and thus a meaningful inquiry into the question of discrimination was conducted (see People v Smocum, supra).

The defendant contends that the Supreme Court should have compelled the People to turn over two reports made by a detective in charge of the investigation. CPL 240.45 (1) (a), which codifies People v Rosario (9 NY2d 286 [1961]), provides that the prosecutor must make available to the defendant "[a]ny written or recorded statement, including any testimony before a grand jury and an examination videotaped pursuant to section 190.32 of this chapter, made by a person whom the prosecutor intends to call as a witness at trial, and which relates to the subject matter of the witness's testimony." The prosecution must turn...