79 A.D.3d 16
N.Y. App. Div.2010Background
- Defendant was retried and convicted by a jury of felony murder, first-degree robbery, third-degree criminal sale of a controlled substance, and fourth-degree criminal possession of a weapon; sentence 25 years to life with five years post-release supervision.
- Evidence showed the fatal stabbing of Jason Battaglia on March 14, 2002 outside an apartment in Schenectady over a drug sale dispute.
- The trial followed a prior appeal where a new trial was ordered for trial errors (42 AD3d 662 [2007]).
- Defendant, who is Black, challenged Batson-based peremptory challenges that struck all Black jurors, alleging pretextual, race-based discrimination.
- The trial court conducted a three-step Batson analysis and ultimately found the challenged reasons race-neutral and not pretextual; convictions upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there improper racial discrimination in peremptory strikes? | Defendant (Smocum) argues race-based peremptories violated Batson. | State offered race-neutral explanations; no pretext shown. | No reversible error; trial court’s findings credited; no purposeful discrimination. |
| Was the for-cause dismissal of juror No.197 proper? | Defendant contends the juror should have been removed for cause. | Juror assurances of impartiality supported denial of challenge for cause. | No abuse of discretion; voir dire supported impartiality. |
| Was the dismissal of sworn juror No.3 before full jury selection proper? | Defense argues improper CPL application; impact on trial. | Death in juror’s family authorized dismissal as unavailable. | Proper discretionary dismissal; harmless error. |
| Did admission of Cecelia Simmons’s prior testimony violate confrontation or CPL 670.10? | Prior testimony admitted because Simmons unavailable; cross-exam already extensive. | Potential confrontation/right to be present at trial concerns. | Admitted under CPL 670.10; no constitutional violation. |
Key Cases Cited
- Batson v. Kentucky, 476 US 79 (Sup. Ct. 1986) (three-step inquiry for racial discrimination in peremptories)
- Hernandez v. New York, 500 US 352 (Sup. Ct. 1991) (ultimate discriminatory intent mixed with credibility of race-neutral reasons)
- Purkett v. Elem, 514 US 765 (Sup. Ct. 1995) (neutral explanations need not be persuasive to avoid discrimination finding)
- People v. Smocum, 99 NY2d 418 (N.Y. 2003) (pretext analysis in Batson; credibility of reasons)
- People v. Morgan, 24 AD3d 950 (2d Dep’t 2005) (affirmation of race-neutral explanations; appellate deference to trial court)
- Snyder v. Louisiana, 552 US 472 (Sup. Ct. 2008) (due process concerns in third-step Batson review; deference to trial court)