Opinion
Argued October 4, 2001.
October 22, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 24, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied his Batson challenge (see, Batson v. Kennedy, 476 U.S. 79). The prosecutor's reason for challenging the subject juror was race-neutral and was supported by the record (cf., People v. McIndoe, 277 A.D.2d 252). The defendant failed to demonstrate that the reason given by the prosecutor was pretextual (see, People v. Payne, 88 N.Y.2d 171, 182; People v. Allen, 86 N.Y.2d 101, 109-110; People v. Ritchie, 217 A.D.2d 84, 87).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or are without merit.
SANTUCCI, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.