Opinion
September 26, 1994
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of his right to participate in the jury selection when the trial court seated two of the jurors that defense counsel had peremptorily challenged is without merit. The prosecution met its burden of establishing a prima facie case of discrimination (see, People v. Simmons, 79 N.Y.2d 1013). Furthermore, the defendant failed to articulate nonpretextual, racially neutral grounds for exercising the peremptory challenges (see, People v. Miller, 144 A.D.2d 94).
We find that the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05), without merit, or do not require reversal in light of the overwhelming proof of guilt (see, People v. Crimmins, 36 N.Y.2d 230). Rosenblatt, J.P., Miller, Ritter and Hart, JJ., concur.