People v McLaurin
2008 NY Slip Op 00540 [47 AD3d 843]
January 22, 2008
Appellate Division, Second Department
As corrected through Wednesday, March 12, 2008


The People of the State of New York,Respondent,
v
Christopher McLaurin, Appellant.

[*1]Johnathan Kaye, Whitestone, N.Y. (Andrew J. Schatkin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, andSheldon Pollock of counsel), for respondent.

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, andimposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly granted the People's reverse-Batson application (seeBatson v Kentucky, 476 US 79 [1986]). The record supports the court's finding of pretextwith regard to the prospective juror at issue and that finding is entitled to great deference (seePeople v Hernandez, 75 NY2d 350 [1990]). Although defense counsel provided arace-neutral reason for challenging the juror, the record establishes that defense counsel did notchallenge another juror with a similar background (see People v Quito, 43 AD3d 411 [2007]). Accordingly, thechallenged juror was properly seated.

The defendant's contention that he was denied the effective assistance of counsel is withoutmerit. A review of the circumstances in totality as of the time of the representation reveals thatthe defendant was afforded meaningful representation (see People v Henry, 95 NY2d563, 565 [2000]; People v Baldi, 54 NY2d 137, 147 [1981]). Ritter, J.P., Florio,McCarthy and Dickerson, JJ., concur.


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