Opinion
December 9, 1999
Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered November 27, 1996, convicting defendant, after a jury trial, of burglary in the first degree, robbery in the second and third degrees, assault in the second and third degrees, and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 7 to 14 years, unanimously affirmed.
Karen Swiger for Respondent.
Hallie G. Ludsin for Defendant-Appellant.
ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, FRIEDMAN, JJ.
Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. The record supports the court's findings that the prosecutor provided race-neutral, nonpretextual reasons for the peremptory challenges in question. Such findings are entitled to great deference on appeal (see, People v. Hernandez, 75 N.Y.2d 350,affd 500 U.S. 352).
While certain of the prosecutor's questions to witnesses and some of his comments during the opening statement were improper, defendant was not deprived of a fair trial in light of the court's prompt curative actions (see, People v. Davis, 58 N.Y.2d 1102), as well as the overwhelming evidence of defendant's guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.