Opinion
5507
December 6, 2001.
Judgment, Supreme Court, New York County (Ira Beal, J.), rendered May 15, 2000, convicting defendant, after a jury trial, of auto stripping in the second degree, criminal mischief in the fourth degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 1 year and 1 year, respectively, unanimously affirmed.
Before: Tom, J.P., Andrias, Rubin, Buckley, Friedman, JJ.
The record establishes that the basis for the court's denial of defendant's application made pursuant to Batson v. Kentucky ( 476 U.S. 79) was defendant's failure to establish that the prosecutor's proffered explanation for challenging the venireperson at issue was pretextual. The court implicitly accepted the prosecutor's observation that, through her demeanor, the venireperson exhibited an unfavorable attitude toward the prosecution (see, People v. Barnes, 261 A.D.2d 281, lv denied 93 N.Y.2d 1014). We find that this explanation was not pretextual (see,People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.