Opinion
128
February 5, 2002.
Judgment, Supreme Court, New York County (George Daniels, J.), rendered March 2, 2000, convicting defendant, after a jury trial, of attempted assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 2 to 4 years, unanimously affirmed.
CHRISTOPHER SANDERS, for respondent.
JONATHAN GARELICK, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Sullivan, Wallach, Friedman, JJ.
Defendant's application made pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied on the ground that defendant failed to establish a prima facie pattern of discrimination (see, People v. Childress, 81 N.Y.2d 263, 266-267; People v. Bolling, 79 N.Y.2d 317, 325). Defendant's purely numerical claim addressed to the prosecutor's use of peremptory challenges was insufficient, particularly in view of the absence of any information in the record about the racial composition of the available panel. Moreover, the record is insufficient to establish the ethnicity of the challenged individuals, so that it cannot be determined that any of those individuals belonged to a cognizable group (see, People v. Millan, 216 A.D.2d 93, lv denied 86 N.Y.2d 798).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.