Opinion
(IND. NO. 12496/97)
Argued September 4, 2001.
September 24, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered May 6, 1998, convicting him of criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Kristina Ross of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Michael Gore of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, no Batson violation occurred during jury selection (see, Batson v. Kentucky, 476 U.S. 79). The Supreme Court properly determined that the race-neutral explanation proffered by the prosecutor for the challenge was not merely pretextual (see, People v. Payne, 88 N.Y.2d 172; People v. Allen, 86 N.Y.2d 101).
The defendant's remaining contention is without merit.
RITTER, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.