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176 A.D.2d 481

People v. Hernandez

Appellate Division of the Supreme Court of the State of New York · decided 1991-10-03

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-03

How this case has been cited

Cited by 6 later decisions — most recently March 2018

2 district · 2 state decisions

30199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Judgment, Supreme Court, Bronx County (George Covington, J., at hearing and trial), rendered February 17, 1987, which convicted defendant, after a jury trial, of robbery in the first degree and reckless endangerment in the first degree, and sentenced him as an armed violent felon to consecutive, indeterminate prison terms of from 10 to 20 years and 2 Vi to 5 years, respectively, unanimously affirmed.

¶2Defendant and two co-defendants stole the complainant’s Mercedes Benz at gun point. The car was observed the following day by several police officers, who apprehended defendant and his accomplices after a high speed chase.

¶3Defendant maintains that the prosecutor impermissibly discriminated against him by systematically eliminating Hispanics from the jury. (See, Batson v Kentucky, 476 US 79.) However, a review of the record reveals that there was no pattern of discriminatory challenges here.

¶4Defendant also raises several claims regarding the prosecutor’s summation. However, a review of the cited remarks, including comment on the unexplained presence of defendant in the stolen car, demonstrates that they were all within the *482bounds of legitimate advocacy and responsive to the arguments made by defense counsel’s summation arguments.

¶5We have considered all defendant’s remaining arguments and find them to be without merit. Concur — Milonas, J. P., Ellerin, Asch and Rubin, JJ.

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