Opinion
February 4, 1994
Appeal from the Supreme Court, Monroe County, Sirkin, J.
Present — Pine, J.P., Fallon, Doerr, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the prosecutor's explanation for exercising a peremptory challenge with respect to a prospective juror was a pretext for purposeful discrimination. We disagree. The prosecutor provided a race-neutral reason for challenging that prospective juror, a substance abuse counselor at a correctional facility (see, e.g., People v. McArthur, 178 A.D.2d 612, lv denied 79 N.Y.2d 950). The prosecutor's comment on summation concerning the failure of defendant's brother to testify was not improper; defendant's brother would have been expected to provide material testimony to corroborate defendant's version of the incident (see, People v Smith, 166 A.D.2d 385, 386, affd 79 N.Y.2d 779; People v. Ardale, 173 A.D.2d 307, 308, lv denied 78 N.Y.2d 961).