People v Adams
2014 NY Slip Op 04022 [118 AD3d 717]
June 4, 2014
Appellate Division, Second Department
As corrected through Wednesday, July 30, 2014


[*1]
 The People of the State of New York,Respondent,
v
Wilson Adams, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), forappellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andVictor Barall of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County(Garnett, J.), rendered July 18, 2011, convicting him of criminal possession of acontrolled substance in the third degree, aggravated unlicensed operation of a motorvehicle in the second degree, and failure to signal, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's Batson challenge (seeBatson v Kentucky, 476 US 79 [1986]) to the prosecutor's exercise of a peremptorychallenge to exclude a certain black male prospective juror. The Supreme Court'sdetermination that the facially neutral explanation provided by the prosecutor forexcluding this prospective juror was not pretextual, which is entitled to great deferenceon appeal, is supported by the record (see People v Hecker, 15 NY3d 625, 656, 663-665 [2010];People v Smith, 98 AD3d533, 534 [2012]; People vWaters, 81 AD3d 673, 673-674 [2011]). Mastro, J.P., Roman, Hinds-Radix andLaSalle, JJ., concur.


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