Opinion
February 6, 1990
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
In view of the fact that the Assistant District Attorney, who presented this matter to the Grand Jury and who prosecuted same, was not admitted to practice law in this State, defendant contends he was denied due process of law. After our review of the record, we find that since defendant was not prejudiced, there was no reversible error (People v Munoz, 153 A.D.2d 281 [1st Dept 1990]).
We have examined the record, and we find no merit to the defendant's contention that the prosecutor exercised his peremptory challenges in a discriminatory manner, since the defendant did not make a threshold prima facie showing which indicated such a misuse of challenges (Batson v Kentucky, 476 U.S. 79; People v Scott, 70 N.Y.2d 420, 422).
Further, we find, based upon an examination of the trial transcript, no merit to defendant's claim that he was deprived of the effective assistance of counsel at trial (People v Rivera, 71 N.Y.2d 705, 708-709).
We have examined the other contentions of the defendant, and find them to be without merit.
Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.