Opinion
Submitted February 20, 2001.
March 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered September 9, 1996, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Sally Wasserman, New York, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
There is no basis to disturb the trial court's determination that the prosecutor's facially-neutral explanations for excusing black female jurors were not pretextual (see, People v. Allen, 86 N.Y.2d 101; see also, People v. Barnes, 261 A.D.2d 281; People v. Haywood, 251 A.D.2d 255).
Evidence of the defendant's prior bad acts was properly admitted to establish his motive and intent. The prejudice to the defendant did not outweigh the probative value of the evidence (see, People v. Alvino, 71 N.Y.2d 233, 242; People v. Molineux, 168 N.Y. 264; see also, People v. Pons, 159 A.D.2d 471, 474).
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of murder in the second degree beyond a reasonable doubt (see, Penal Law § 125.25).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.