Opinion
2370.
Decided February 17, 2004.
Judgment, Supreme Court, Bronx County (Barbara Newman, J.), entered on or about June 15, 2000, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree, and burglary in the first degree (two counts), and sentencing him, as a second felony offender, to two consecutive terms of 12½ to 25 years for the burglary convictions, and two concurrent terms of 12½ to 25 years for the rape and sodomy convictions, to run consecutively with the burglary convictions, unanimously affirmed.
Danielle L. Attias, for Respondent.
Michael C. Taglieri, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ.
Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied as the record supports the trial court's determination that defendant failed to make a prima facie showing of intentional discrimination in the prosecution's exercise of its peremptory challenges ( People v. Brown, 97 N.Y.2d 500, 507-508; People v. Williams, 301 A.D.2d 369, lv denied 99 N.Y.2d 659). Defendant's numerical argument was not so compelling as to be conclusive ( see People v. Walker, 306 A.D.2d 56, 56, lv denied 100 N.Y.2d 600; People v. Truesdale, 299 A.D.2d 289, 290, lv denied 99 N.Y.2d 659).
We have considered defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.