Opinion
Argued October 13, 2000.
November 6, 2000.
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 14, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed March 31, 1998, modifying the sentence imposed upon the convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
Lynn W. L. Fahey, New York, N.Y. (Neil L. Fishman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.
Before: WILLIAM C. THOMPSON, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment and resentence are affirmed.
The defendant's bare assertion that the prosecutor used a disproportionate number of peremptory challenges to exclude black individuals from the jury was insufficient to make a prima facie showing of discrimination under Batson (see, Batson v. Kentucky, 476 U.S. 79; People v. Jenkins, 84 N.Y.2d 1001, 1003; People v. Childress, 81 N.Y.2d 263, 266; People v. Williams, 253 A.D.2d 901; People v. Gray, 243 A.D.2d 648).