The People v. Bruce Sweeper
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
----------------------------------------------------------------No. 233 SSM 52
The People &c.,
Respondent,
v.
Bruce Sweeper,
Appellant.
Submitted by Susan H. Salomon, for appellant.
Submitted by Patricia Curran, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
Supreme Court properly denied defendant's application pursuant to
Batson v Kentucky (476 US 79 [1986]).
Defendant failed to
establish a step one prima facie case of racial discrimination
(id. at 94-97; People v Hecker, __ NY3d __ [decided November 30,
- 1 -
- 2 2010]).
No. SSM 52
Defendant's challenge to the constitutionality of his
adjudication as a persistent violent felony offender is barred by
United States v Almendarez-Torres (523 US 224 [1998]; see People
v Bell, __ NY3d __ [decided today]).
Defendant's remaining
contentions are without merit.
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On review of submissions pursuant to section 500.11 of the Rules,
order affirmed, in a memorandum. Chief Judge Lippman and Judges
Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided December 14, 2010
- 2 -
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