Opinion
March 3, 1992
Appeal from the Supreme Court, Bronx County (Edward M. Davidowitz, J.).
Contrary to defendant's principal claim on appeal, the prosecutor did not use his peremptory challenges in a discriminatory manner. We agree with the trial court that the reasons advanced by the prosecutor for his peremptory challenges of eight African-American prospective jurors were raceneutral, and thus no violation of Batson v Kentucky ( 476 U.S. 79) was established. As finally constituted, the jury, including alternates, was composed of fourteen persons: nine African-Americans, two Latinos, and three whites. Moreover, the jury's verdict was not against the weight of the evidence (CPL 470.15).
Concur — Carro, J.P., Milonas, Rosenberger, Ellerin and Smith.