Opinion
March 2, 1998
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the judgment is affirmed.
The defendant argues that the trial court improperly dismissed a venireperson who was peremptorily challenged by the People in violation of Batson v. Kentucky ( 476 U.S. 79). However, the court properly found that the race-neutral reason proffered for the challenge was not pretextual (see, People v. McArthur, 178 A.D.2d 612). To the extent that the defendant's argument rests on a factual challenge as to what was said by the subject venireperson during questioning, the defendant failed to establish a "factual record sufficient to permit appellate review" (People v. Kinchen, 60 N.Y.2d 772, 774; see also, People v. Cruz, 200 A.D.2d 581; People v. Irizarry, 165 A.D.2d 715; People v. Campanella, 176 A.D.2d 813).
Rosenblatt, J. P., O'Brien, Ritter and Goldstein, JJ., concur.