Opinion
Submitted February 24, 2000.
April 3, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reinaldo E. Rivera, J.), rendered May 13, 1998, convicting her of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (David Crow of counsel; Dennis Monaco on the brief), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.
DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly seated a white prospective juror against whom defense counsel and counsel for the codefendant had jointly exercised a peremptory challenge. Counsel for the defendant originally stated that he did not object to the juror, and only offered a race-neutral explanation for the challenge after counsel for the codefendant admitted that he had no basis for his challenge other than a "gut feeling". Accordingly, the court properly rejected the later, race-neutral explanation (see, People v. Kern, 75 N.Y.2d 638, 657-658 ; People v. Jupiter, 210 A.D.2d 431 ).
The sentence imposed was not excessive (see, People v. Delgado, 80 N.Y.2d 780, 781-782 ; People v. Suitte, 90 A.D.2d 80 ).