| People v Doe |
| 2010 NY Slip Op 08747 [78 AD3d 1072] |
| November 23, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnDoe, Also Known as Damian Williams, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Rebecca Kramer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.),rendered February 24, 2009, convicting him of burglary in the third degree, criminal possessionof stolen property in the fifth degree, petit larceny, and resisting arrest, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim pursuant to Batson v Kentucky (476 US 79 [1986]), premisedon the prosecutor's use of peremptory challenges to strike female African-American prospectivejurors, was properly denied, as the defendant failed to make the requisite prima facie showing ofdiscrimination. It is incumbent upon a party making a Batson challenge to articulate anddevelop all of the grounds supporting the claim, both factual and legal, during the colloquy inwhich the objection is raised and discussed (see People v James, 99 NY2d 264, 271[1991]; People v Childress, 81 NY2d 263, 268 [1993]). In support of his Batsonapplication, the defendant relied solely on the number of prospective femaleAfrican-American jurors challenged to support his request for a race/gender-neutral explanation,and otherwise offered no showing of circumstances sufficient to raise an inference of a pattern ofdiscrimination (see People v Scott, 70 AD3d 977 [2010]; People v Diaz, 59AD3d 459 [2009]; People v Connelly, 54 AD3d 348 [2008]; People v Severino,44 AD3d 1077 [2007]; People v Fryar, 29 AD3d 919 [2006]). Since the defendant failedto establish a prima facie case of discrimination, the Supreme Court did not err in failing torequire the prosecutor to provide a race/gender-neutral explanation for his challenges to theprospective female African-American jurors (see People v Childress, 81 NY2d at 268;People v Scott, 70 AD3d at 977; People v Fryar, 29 AD3d at 919). Dillon, J.P.,Santucci, Dickerson and Chambers, JJ., concur.