PEOPLE v. MORGAN (2025)

Court of Appeals of New York.

The PEOPLE & c., Respondent, v. Arthur H. MORGAN Jr., Appellant.

No. 82

Decided: October 16, 2025

Steven M. Sharp, for appellant. Christopher Liberati–Conant, for respondent.

MEMORANDUM

MEMORANDUM:

The order of the Appellate Division should be affirmed.

There is support in the record for the trial judge's determination that the prosecutor's race-neutral reasons for exercising the peremptory challenges at issue were not pretextual (see People v. Wright, 42 N.Y.3d 708, 714–715, 228 N.Y.S.3d 96, 252 N.E.3d 1093 [2024]).

Defendant's challenge to the trial court's jury instruction on first-degree manslaughter as a lesser-included offense, his constitutional challenge to admission of prior testimony, and his arguments regarding the alleged use of propensity evidence in summation, as well as those concerning cross-examination of certain trial witnesses, are unpreserved. Defendant also failed to preserve his argument that his right to counsel was violated when he was interviewed by officers after a lawyer had purportedly communicated with the police for the purpose of representing him.

Defendant's remaining arguments are without merit.

Order affirmed, in a memorandum.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

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