Opinion
Submitted October 9, 2001.
November 13, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered August 10, 1999, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Marcia R. Lombardo of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, 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 prosecutor's use of a peremptory challenge against the sole black juror in the venire, without more, did not establish a prima facie case of purposeful discrimination (see, Batson v. Kennedy, 476 U.S. 79; People v. Payne, 88 N.Y.2d 172; People v. Cousin, 272 A.D.2d 477; People v. Blackford, 256 A.D.2d 619). Moreover, the prosecutor, in cross-examining the defendant on his curfew, did not contravene the Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
BRACKEN, P.J., McGINITY, LUCIANO and FEUERSTEIN, JJ., concur.