Opinion
June 30, 1998
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
The record supports the trial court's express and implied findings that the prosecutor provided race-neutral, nonpretextual reasons for the discharge of six African-American prospective jurors (see, People v. Wint, 237 A.D.2d 195, lv denied 89 N.Y.2d 1103). We perceive no basis for disturbing the trial court's evaluation of the prosecutor's explanations for the peremptory challenges (see, People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352). Such evaluations are entitled to considerable deference, particularly where matters of demeanor are involved. Defendant, as the party objecting to the peremptory strikes, failed to carry his burden of proving the pretextual nature of the challenges (People v. Payne, 88 N.Y.2d 172, 181; People v. Bryant, 247 A.D.2d 229).
Concur — Milonas, J. P., Rosenberger, Nardelli and Wallach, JJ.