Opinion
2000-03918.
Decided June 7, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered March 30, 2000, as amended July 10, 2000, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Michael Tarbutton of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment, as amended, is affirmed.
The trial court is in the best position to determine whether proffered explanations for peremptory challenges are credible ( see People v. Jupiter, 210 A.D.2d 431). The trial court's determination that the explanations as to two prospective jurors were nonpretextual is entitled to great deference on appeal and should not be disturbed where, as here, it is supported by the record ( see People v. Hernandez, 75 N.Y.2d 350, 356-357, affd 500 U.S. 352; People v. Pellington, 294 A.D.2d 197; People v. Wilson, 278 A.D.2d 519; People v. McDougle, 230 A.D.2d 808).
FLORIO, J.P., KRAUSMAN, SCHMIDT and ADAMS, JJ., concur.