Opinion
June 22, 2010.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered February 4, 2008, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Before: Tom, J.P., Mazzarelli, Sweeny, Freedman and Abdus-Salaam, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the jury's determinations concerning identification and credibility.
The court properly denied defendant's application pursuant to Batson v Kentucky ( 476 US 79). The record supports the court's finding that the nondiscriminatory reasons provided by the prosecutor for the challenges in question were not pretextual, a credibility determination that is entitled to great deference ( see People v Hernandez, 75 NY2d 350, affd 500 US 352).
We perceive no basis for reducing the sentence.