Opinion
Decided May 12, 1992
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Abbey L. Boklan, J.
Jeremy L. Goldberg and Matthew Muraskin for appellant.
Denis Dillon, District Attorney (Lawrence J. Schwarz of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is unfounded (see, Batson v Kentucky, 476 U.S. 79). As to each of the stricken jurors in question, the record indicates that the prosecution met its burden of coming forward with a racially neutral reason for challenging them (see, People v Simmons, 79 N.Y.2d 1013; People v Hernandez, 75 N.Y.2d 350, affd 500 US ___, 111 S Ct 1859).
Defendant's assertion that the evidence against him was legally insufficient to sustain his conviction for robbery in the first degree is likewise unavailing. Viewing the proof adduced below in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we conclude that the jury could have rationally found that defendant intended permanently to deprive the undercover police officer of his gun when he took it from him.
We have examined defendant's remaining contention and find it to be unpreserved for our review.
Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.