Opinion
August 18, 1997
Appeal from the County Court, Westchester County (Nolan, J.).
Ordered that the judgment is affirmed.
The Trial Judge accepted as nonpretextual the People's explanations for challenging two black venirepersons in the third round of jury selection. Having offered facially raceneutral reasons for challenging these two jurors, the People satisfied their burden of overcoming an inference of discrimination ( see, Batson v. Kentucky, 476 U.S. 79, 96-98; People v. Allen, 86 N.Y.2d 101). Thereafter, the defendant did not meet his burden of establishing that these explanations were merely pretextual ( see, People v. Allen, supra). Accordingly, since the People's explanations are supported by the record, we refuse to disturb the determination of the Trial Judge ( see, People v Jupiter, 210 A.D.2d 431).
In addition, since the police observed what appeared to be a hand-to-hand drug transaction and observed the defendant fleeing from the scene upon their arrival, they had probable cause to arrest the defendant ( see, People v. Bigelow, 66 N.Y.2d 417; People v. Brown, 198 A.D.2d 424; Matter of Frederick B., 196 A.D.2d 817).
The defendant's remaining contentions are without merit.
Bracken, J.P., Santucci, Goldstein and Luciano, JJ., concur.