People v. Taylor — 277 A.D.2d 260

Majority

p. 260

The People of the State of New York, Respondent, v Ricardo Taylor, Appellant.

[715 NYS2d 655]

—Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 14, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in

p. 261

the seventh degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed March 31, 1998, modifying the sentence imposed upon the convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.

Ordered that the judgment and resentence are affirmed.

The defendant’s bare assertion that the prosecutor used a disproportionate number of peremptory challenges to exclude black individuals from the jury was insufficient to make a prima facie showing of discrimination under Batson (see, Batson v Kentucky, 476 US 79 ; People v Jenkins, 84 NY2d 1001 , 1003; People v Childress, 81 NY2d 263 , 266; People v Williams, 253 AD2d 901 ; People v Gray, 243 AD2d 648 ). Thompson, J. P., Luciano, Feuerstein and Schmidt, JJ., concur.

Cases cited

Batson v. Kentucky 476 US 79 SCOTUS 1986-04-30 p. 261
People v. Jenkins 84 NY2d 1001 N.Y. 1994-12-22 at 1003 p. 261
People v. Childress 81 NY2d 263 N.Y. 1993-02-23 at 266 p. 261
People v. Gray 243 AD2d 648 N.Y. App. Div. 1997-10-20 p. 261