Opinion
1998-02195
Submitted November 8, 2002.
December 2, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered February 24, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Robert DiDio, Kew Gardens, N.Y. (Patricia D. Levan of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Thomas S. Berkman of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court's Batson ruling was proper (see Batson v. Kentucky, 476 U.S. 79). The People established a prima facie case of discrimination based on the defense counsel's pattern of using peremptory challenges against white jurors (see People v. Chapman, 295 A.D.2d 359, 360). Thus, defense counsel was required to provide a nonpretextual, racially-neutral explanation for his challenge (see People v. Kern, 75 N.Y.2d 638, cert denied 498 U.S. 824). Defense counsel failed to do so as to the subject juror and, therefore, there is no reason to disturb the trial court's finding that the reason given for the challenge was pretextual (see People v. Chapman, supra).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.