Opinion
May 30, 1995
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the judgment is affirmed.
It is now well settled that the racially-motivated use of peremptory challenges violates both the State and Federal Constitutions (see, Batson v Kentucky, 476 U.S. 79; see also, People v Childress, 81 N.Y.2d 263). However, before receiving the constitutional protections afforded by Batson and its progeny, the party asserting the claim bears the burden of demonstrating a prima facie case of purposeful discrimination by the opposition (see, People v Smith, 81 N.Y.2d 875). The defendant failed to show facts and other relevant circumstances that would support an inference of impermissible discrimination by the prosecution in the exercise of its peremptory challenges (see, People v Childress, 81 N.Y.2d, at 266, supra; People v Steele, 79 N.Y.2d 317, 325).
Under the circumstances of this case, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
We have examined the defendant's remaining contention and find it to be without merit. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.