Opinion
Argued December 14, 2000.
January 16, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered December 10, 1998, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Amy Donner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Jennifer M. Norris, and Kristen Marcelle of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly determined that the prosecutor's facially-neutral explanations for excusing two black prospective jurors were not pretextual (see, People v. Payne, 88 N.Y.2d 172; see also, People v. Allen, 86 N.Y.2d 101).
The defendant's remaining contention is unpreserved for appellate review.