Opinion
February 20, 1992
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).
The in camera questioning of a prospective juror regarding possible disqualification, conducted by the trial court in the presence of the prosecutor and defense counsel, afforded defendant a fair and just hearing on an issue having nothing to do with defendant's guilt, at which defendant's presence was not required (see, People v. Mullen, 44 N.Y.2d 1).
While the prosecutor and defense counsel engaged in inappropriate verbal "one upmanship" tactics during voir dire, nevertheless the record before us indicates that the court properly accepted the prosecutor's race neutral reasons for use of peremptory challenges. The jury panel consisted of approximately 90% Blacks and Hispanics, and defense counsel stated on the record that all jurors selected were satisfactory. In these circumstances, defendant's claim that the trial court erred in finding the prosecutor's use of peremptory challenges racially neutral is without merit (see, e.g., People v. Hernandez, 75 N.Y.2d 350, affd 500 US ___, 111 S Ct 1859).
Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.