Majority
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered August 10, 1999, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).
The prosecutor’s use of a peremptory challenge against the sole black juror in the venire, without more, did not establish a prima facie case of purposeful discrimination (see, Batson v Kentucky, 476 US 79 ; People v Payne, 88 NY2d 172 ; People v Cousin, 272 AD2d 477 ; People v Blackford, 256 AD2d 619 ). Moreover, the prosecutor, in cross-examining the defendant on his curfew, did not contravene the Sandoval ruling (see, People v Sandoval, 34 NY2d 371 ).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ). Bracken, P. J., McGinity, Luciano and Feuerstein, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 331
- Batson v. Kentucky 476 US 79 p. 331
- People v. Payne 88 NY2d 172 p. 331
- People v. Sandoval 34 NY2d 371 p. 331
- People v. Suitte 90 AD2d 80 p. 331