People v Ortiz

2009 NY Slip Op 02816 [61 AD3d 706]

April 7, 2009

Appellate Division, Second Department

As corrected through Wednesday, June 10, 2009

The People of the State of New York,Respondent, v David Ortiz, Appellant.

—[*1]Ron Stokes, Mohegan Lake, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr,J.), rendered March 5, 2007, convicting him of robbery in the second degree, upon a jury verdict,and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court erred in denying his Batson challenge(see Batson v Kentucky, 476 US 79 [1986]) because the prosecutor's explanation forstriking a black potential juror was pretextual. However, the defendant's challenge was properlydenied because he failed to satisfy his burden of demonstrating, under the third prong of theBatson analysis, that the facially race-neutral explanation given by the prosecutor was apretext for racial discrimination (see People v Payne, 88 NY2d 172 [1996]).

Furthermore, viewing the evidence in the light most favorable to the prosecution (seePeople v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt under an accomplice theory of liability beyond a reasonable doubt (seePenal Law § 20.00; People v Keitt, 42 NY2d 926 [1977]; People v Anaya,206 AD2d 380 [1994]; People v Mercado, 114 AD2d 377 [1985]).

The defendant's remaining contention is unpreserved for appellate review. Skelos, J.P.,Fisher, Santucci and Balkin, JJ., concur.