Opinion
2000-11523
Argued October 14, 2003.
November 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 12, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Mae C. Quinn of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the prosecutor's race-neutral explanation for the peremptory challenge to one of the prospective jurors was pretextual and should have been rejected by the trial court. However, a trial court's conclusion that a facially race-neutral explanation is not pretextual should be accorded great deference on appeal ( see Hernandez v. New York, 500 U.S. 352; People v. Wilson, 278 A.D.2d 519), and we find no basis on this record to disturb the finding of the trial court.
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, without merit, or do not require reversal of the judgment.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.