Opinion
March 21, 1995
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
The court properly disallowed a peremptory challenge by the defense. After the People undisputedly made out a prima facie case of racial discrimination, the court found that defendant's purported race-neutral explanation for his challenge of a juror was pretextual, and that factual finding is entitled to great deference (People v. Hernandez, 75 N.Y.2d 350, 356-357, affd 500 U.S. 352).
The People's summation was a proper response to defense arguments, and stayed within the broad bounds of permissible advocacy (People v. Galloway, 54 N.Y.2d 396, 399). In any event, nothing in the People's summation could have deprived defendant of a fair trial, given the overwhelming evidence of guilt, particularly on the issue of knowing possession of stolen property (see, People v. Galbo, 218 N.Y. 283, 290).
Concur — Sullivan, J.P., Wallach, Asch, Nardelli and Williams, JJ.