Opinion
99-11117
February 11, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered November 17, 1999, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Dawn E. Scott of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel Schlachet of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, and SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
Pursuant to Batson v. Kentucky ( 476 U.S. 79) and its progeny, the third step in analyzing whether a peremptory challenge to a prospective juror violates the Equal Protection Clause requires the trial court to decide whether the opponent has proved purposeful discrimination (see, People v. Payne, 88 N.Y.2d 172, 181; People v. Allen, 86 N.Y.2d 101, 104; People v. Richie, 217 A.D.2d 84, 85). We find no reason to disturb the trial court's determination that the proffered race-neutral reason was pretextual.
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05).