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The People of the State of New York, Respondent, v. John Billini, Appellant

New York Supreme Court, Appellate Division1999-01-26
258 A.D.2d 513682 N.Y.S.2d 591

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Opinion

majority opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered December 18, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of I2V2 to 25 years, unanimously affirmed.

Defendant’s inadequate showing of a Batson violation justified the court’s summary denial of his claim. Moreover, defendant was not prejudiced by the lack of a further opportunity to be heard, because the existing record clearly shows that defendant would not have been able to make out a prima facie case of discrimination. Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.