Opinion
551
March 21, 2002.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 27, 1998, convicting defendant, after a jury trial, of auto stripping in the second degree, criminal possession of stolen property in the fifth degree and possession of burglar's tools, and sentencing him, as a second felony offender to an aggregate term of 2 to 4 years, unanimously affirmed.
MARY C. FARRINGTON, for respondent.
DANIEL M. PERRY, for defendant-appellant.
Before: Andrias, J.P., Buckley, Sullivan, Ellerin, Lerner, JJ.
Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. The record supports the court's finding that the People's challenge to a prospective juror who revealed, during voir dire by defendant, that she had previously been excused from a criminal jury for mysterious "personal reasons," possibly impacting upon her ability to serve, was race-neutral and nonpretextual. Defendant's argument concerning a second juror is similar to an argument rejected by this Court on the codefendant's appeal (People v. Barnes, 261 A.D.2d 281, lv denied 93 N.Y.2d 1014), and there is no basis upon which to reach a different result herein.
The court properly declined to deliver an adverse inference instruction concerning the inadvertent loss of the arresting officer's memo book. There was no possibility of prejudice to defendant since the record establishes that the memo book entry concerning defendant's arrest was limited to pedigree information having no bearing on the case (see,People v. Galloza, 270 A.D.2d 69, lv denied 95 N.Y.2d 852; see also, CPL 240.75).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.