Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not commit reversible error in accepting the prosecutor's explanations for excluding a black woman from the jury. Under the circumstances of this case, the trial court was in the best position to observe the prosecutor's demeanor and determine whether his explanations were credible or merely pretexts for racial discrimination ( see, People v. Jupiter, 210 A.D.2d 431, 434). The trial court also properly denied the defendant's request for a missing-witness charge because there was nothing in the record to indicate that the complainant's son was knowledgeable about any material issue in the case ( see, People v. Cliff, 230 A.D.2d 865, 866, cert denied 520 U.S. 1158).
The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
Bracken, J.P., Santucci, Altman and McGinity, JJ., concur.