Majority
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered April 16, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court properly concluded that the prosecutor supplied race-neutral explanations for his peremptory challenge of a certain black juror (see, People v Richie, 217 AD2d 84 , 89). The defendant thereafter failed to sustain his burden of demonstrating that the explanations provided were merely pretextual (see, People v Payne, 88 NY2d 172 , 181; People v Rivers, 255 AD2d 463 ; People v Lassic, 254 AD2d 303 ; People v Richie, supra).
The defendant’s remaining contentions are without merit (see, People v Pavao, 59 NY2d 282 , 292; People v McKay, 260 AD2d 408 ; People v Callistro, 259 AD2d 625 ). Thompson, J. P., Joy, McGinity and Feuerstein, JJ., concur.
Cases cited
- People v. Richie 217 AD2d 84 at 89 p. 402
- People v. Payne 88 NY2d 172 at 181 p. 402
- People v. Pavao 59 NY2d 282 at 292 p. 402