Opinion
October 20, 1997
Appeal from the Supreme Court, Kings County (R. Goldberg, J.).
Ordered that the judgment is affirmed.
The defendant argues that the People used their peremptory challenges to strike black venirepersons in violation of Batson v Kentucky ( 476 U.S. 79). However, review of the record reveals that the trial court properly determined that the defendant failed to sustain his ultimate burden of persuasion that the race-neutral reasons proffered by the People were pretextual ( see, People v Payne, 88 N.Y.2d 172; People v. Allen, 86 N.Y.2d 101).
Although several comments by the prosecutor would have been better left unsaid, the People's summation did not deprive the defendant of a fair trial ( see, People v. Crimmins, 36 N.Y.2d 230).
The defendant's claim that he was denied effective assistance of counsel at trial because his attorney failed to discuss with him a plea agreement offered by the People concerns matters dehors the record and is not reviewable on direct appeal ( see, People v. Baldi, 54 N.Y.2d 137; People v. Richardson, 162 A.D.2d 557).
Ritter, J.P., Friedmann, Krausman and McGinity, JJ., concur.