Opinion
No. 2006-07085.
January 22, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered June 30, 2006, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Sheldon Pollock of counsel), for respondent.
Before: Ritter, J.P., Florio, McCarthy and Dickerson, JJ.
Ordered that the judgment is affirmed.
The Supreme Court properly granted the People's reverse- Batson application ( see Batson v Kentucky, 476 US 79). The record supports the court's finding of pretext with regard to the prospective juror at issue and that finding is entitled to great deference ( see People v Hernandez, 75 NY2d 350). Although defense counsel provided a race-neutral reason for challenging the juror, the record establishes that defense counsel did not challenge another juror with a similar background ( see People v Quito, 43 AD3d 411). Accordingly, the challenged juror was properly seated.
The defendant's contention that he was denied the effective assistance of counsel is without merit. A review of the circumstances in totality as of the time of the representation reveals that the defendant was afforded meaningful representation ( see People v Henry, 95 NY2d 563, 565; People v Baldi, 54 NY2d 137, 147).