Majority
p. 818The People of the State of New York, Respondent, v Dwayne Baldwin, Also Known as Dewayne Baldwin, Appellant. [747 NYS2d 810]
The prosecution advanced sufficient race-neutral explana
p. 819
tions for exercising peremptory challenges against the prospective jurors in question (see People v Payne, 88 NY2d 172 , 183; People v Allen, 86 NY2d 101 ). The defendant failed to satisfy his burden of proving that the explanations given by the prosecutor were pretextual (see People v Payne, supra; People v White, 289 AD2d 270 ; see generally Hernandez v New York, 500 US 352 , 364-365). Accordingly, the trial court properly denied the defendant’s Batson challenge (see Batson v Kentucky, 476 US 79 ).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 ). S. Miller, J.P., Crane, Cozier and Rivera, JJ., concur.
Cases cited
- People v. Payne 88 NY2d 172 at 183 p. 819
- People v. Allen 86 NY2d 101 p. 819
- Hernandez v. New York 500 US 352 at 364-365 p. 819
- Batson v. Kentucky 476 US 79 p. 819
- People v. Suitte 90 AD2d 80 p. 819