Opinion
October 15, 1991
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
The defendant, citing Batson v. Kentucky ( 476 U.S. 79), contends that he was deprived of his right to a fair trial because the prosecutor used his peremptory challenges to excuse three black jurors on the venire. We disagree (see, People v. Jenkins, 75 N.Y.2d 550, 555-556). During the voir dire, the prosecutor sufficiently rebutted any claim of purposeful discrimination by articulating race neutral reasons for excusing the three black jurors. Upon our review of the record, we find that the prosecution established that the challenges to the black jurors were not racially motivated (see, People v. Kaplan, 176 A.D.2d 821 [decided herewith]).
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 (CPL 470.15).
We have considered the defendant's other contentions and find them to be without merit. Bracken, J.P., Sullivan, Rosenblatt and O'Brien, JJ., concur.