New York Court of Appeals

The People of the State of New York, Respondent v. Terence Wells, Appellant

May 11, 20067 N.Y.3d 51

Summary

The Court affirmed the Appellate Division, holding that the attempted murder charge was not duplicitous despite uncertainty about which police officer was the intended victim, that the prosecutor's peremptory challenge of a female African‑American juror was justified and did not violate Batson, and that the trial court did not abuse its discretion in refusing to dismiss the entire juror panel. A concurring opinion argued that the Batson issue was not properly preserved and that the prosecutor's explanation was not clearly race‑neutral.