Opinion
Argued September 25, 2001.
October 22, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered June 21, 2000, convicting him of criminally negligent homicide and assault in the third degree (three counts), upon a jury verdict, and imposing sentence.
Anthony J. Servino, White Plains, N.Y., for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee, Jillian S. Harrington, and David Frey of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The trial court properly determined that, in making each of his Batson challenges (see, Batson v. Kentucky, 476 U.S. 79), the defendant failed to make the requisite prima facie showing of purposeful discrimination (see, People v. Allen, 86 N.Y.2d 101). In any event, the record supports the court's conclusion that the prosecutor's proffered justifications for each of the peremptory challenges, all of which were race-neutral, were not pretextual (see, People v. Allen, supra, at 104).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit (see, CPL 470.05; cf., People v. Albert, 85 N.Y.2d 851).
RITTER, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.