Opinion
July 13, 1990
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's claim that the prosecutor exercised a peremptory challenge in a discriminatory manner to excuse a black person from the jury (see, Batson v. Kentucky, 476 U.S. 79). Although defendant made a prima facie showing of discrimination by demonstrating that the prosecutor removed four of six prospective black jurors (see, People v. Burnett, 152 A.D.2d 910), the prosecution proffered specific, race-neutral reasons for excusing the one challenged juror (see, Batson v. Kentucky, supra, at 96-97; People v. Hernandez, 75 N.Y.2d 350; People v. Jones, 156 A.D.2d 954). We conclude that the evidence was legally sufficient and amply supported the verdict (see, People v. Bleakley, 69 N.Y.2d 490, 495).
We have reviewed defendant's remaining contention and find it to be without merit.