People v Waters

2011 NY Slip Op 00716

Decided on February 1, 2011

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ANITA R. FLORIO
SANDRA L. SGROI, JJ.
2006-05453
(Ind. No. 6919/05)






Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsí of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Victor Barall of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered May 16, 2006, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his Batson challenges (see Batson v Kentucky, 476 US 79) with respect to the prosecutor's use of peremptory challenges to exclude African-American women from the jury. The prosecutor provided race- and gender-neutral explanations for excluding each of the prospective jurors at issue (id. at 97; see People v Smocum, 99 NY2d 418, 420). The Supreme Court's determination that these explanations were nonpretextual is entitled to deference on appeal and should not be disturbed where, as here, it is supported by the record (see People v Hernandez, 75 NY2d 350, 356-357, affd 500 US 352; People v Fuller, 302 AD2d 405).
PRUDENTI, P.J., ANGIOLILLO, FLORIO and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court