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PEOPLE v. TOMLINSON

2017-10075. Ind. No. 1402/16.

174 A.D.3d 929 (2019)

107 N.Y.S.3d 136

2019 NY Slip Op 06005

The People of the State of New York, Respondent, v. Quanne Tomlinson, Appellant.

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

Decided July 31, 2019.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's denial of the defendant's Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986]). The defendant failed to establish that the race-neutral reasons proffered for the peremptory challenges at issue were pretextual (see People v Smocum, 99 N.Y.2d 418, 422-423 [2003]; People v Francis,

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