Opinion
Argued September 15, 2000.
October 10, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered December 3, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Daniel Hsiung of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not err in granting the People's reverse-Batson motion (see, Batson v. Kentucky, 476 U.S. 79; People v. Payne, 88 N.Y.2d 172; People v. Richie, 217 A.D.2d 84). Moreover, the Supreme Court properly denied the defendant's Batson motion, as he failed to sustain his burden that the explanations proffered by the prosecutor for the peremptory challenge were pretextual (see, Purkett v. Elem, 514 U.S. 765; People v. Allen, 86 N.Y.2d 101, 104; People v. Richie, supra).
The defendant's remaining contentions are unpreserved for appellate review, and, in any event, without merit.