Opinion
January 9, 1996
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Viewed in the light most favorable to the People, the evidence that defendant stabbed the deceased three times in the back in the course of a fist fight was legally sufficient to establish the requisite intent to cause serious physical injury ( People v Culpepper, 109 A.D.2d 622, lv denied 65 N.Y.2d 814), and, upon review of the facts, we find that the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490, 495). The record does not support defendant's Batson claim that the prosecutor discriminated against male Hispanics in exercising her peremptory challenges ( see, People v Allen, 86 N.Y.2d 101). Accordingly, we need not address the question whether "young male Hispanics" constitute a cognizable group for Batson purposes ( see, Turner v Marshall, 63 F.3d 807, 812 [9th Cir 1995]).
We find the sentence excessive to the extent indicated.
We have reviewed defendant's remaining contentions and find them without merit.
Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.