Opinion
2000-07561
Submitted September 13, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered August 3, 2000, convicting him of robbery in the first degree, burglary in the first degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: SONDRA MILLER, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
ORDERED that the judgment is affirmed.
The prosecution advanced sufficient race-neutral explanations for exercising peremptory challenges against the prospective jurors in question (see People v. Payne, 88 N.Y.2d 172, 183; People v. Allen, 86 N.Y.2d 101). The defendant failed to satisfy his burden of proving that the explanations given by the prosecutor were pretextual (see People v. Payne, supra; People v. White, 289 A.D.2d 270; see generally Hernandez v. New York, 500 U.S. 352, 364-365). Accordingly, the trial court properly denied the defendant's Batson challenge (see Batson v. Kentucky, 476 U.S. 79).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.