Opinion
December 5, 2000.
Judgment, Supreme Court, New York County (Renee White, J.), rendered November 19, 1997, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree, assault in the second degree and grand larceny in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 20 years, 15 years, and 2 to 4 years, consecutive to a term of 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of directing that all terms run concurrently, and otherwise affirmed.
Michael S. Morgan, for respondent.
Denise M. Fabiano JOSEPH SWIFT, Pro Se, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Nardelli, Tom, Lerner, JJ.
Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. The record supports the court's determination that the prosecutor's reasons for challenging the subject prospective jurors were nonpretextual. The court's findings in this regard are entitled to "great deference" (People v. Hernandez, 75 N.Y.2d 350, 356, affd 500 U.S. 352). The record does not establish disparate treatment on the basis of race of similarly situated panelists.
We find the sentence excessive to the extent indicated.
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.