Opinion
Filed May 2, 2001.
Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Reckless Endangerment, 1st Degree.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that Supreme Court erred in permitting the prosecutor to exercise a peremptory challenge to exclude the only prospective black juror ( see, Batson v. Kentucky, 476 U.S. 79). The prosecutor provided a race-neutral reason for excluding the juror, and defendant failed to allege that the reason was pretextual ( see, People v. Smith, 278 A.D.2d 837). In any event, the prosecutor's reason was "related to the factual circumstances of the case and the qualifications of the juror to serve on that case" and was not pretextual ( People v. Dalhouse, 240 A.D.2d 420, 421 , lv denied 91 N.Y.2d 871). The sentence is not unduly harsh or severe.