Opinion
1998-00925
Submitted January 31, 2003.
February 24, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered January 14, 1998, convicting her of murder in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller and Steven A. Hovani of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied her Batson motion (see Batson v. Kentucky, 476 U.S. 79) since she failed to make a prima facie showing of discrimination (see People v. Blackford, 256 A.D.2d 619, 620). The prosecutor's exercise of a peremptory challenge against one black prospective juror fails, without more, to establish a Batson violation (see People v. Cousin, 272 A.D.2d 477, 478; People v. Hinton, 285 A.D.2d 476; People v. Blackford, supra).
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
KRAUSMAN, J.P., SCHMIDT, CRANE and RIVERA, JJ., concur.