Opinion
2000-01816
Submitted January 7, 2002.
January 22, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered February 10, 2000, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Anastasia Spanakos of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The defendant's Batson challenge (see, Batson v. Kentucky, 476 U.S. 79) was properly denied since he failed to establish a prima facie case of discrimination. To establish a prima facie case, a defendant must demonstrate that members of a cognizable racial group have been excluded, and that there are facts and other relevant circumstances supporting an inference of impermissible discrimination (see, People v. Childress, 81 N.Y.2d 263, 266). The defendant failed to satisfy the second element. His assertion that the prosecutor struck a disproportionate number of black venirepersons was insufficient to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination (see, People v. Childress, supra, at 267; People v. White, 282 A.D.2d 628; People v. Redish, 262 A.D.2d 664; People v. Morla, 245 A.D.2d 468).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
ALTMAN, J.P., FEUERSTEIN, O'BRIEN and H. MILLER, JJ., concur.