People v. Moise — 1 A.D.2d 464

Majority

p. 464

The People of the State of New York, Respondent, v Horad Moise, Appellant.

[766 NYS2d 889]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 12, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor’s race-neutral explanation for the peremptory challenge to one of the prospective jurors was pretextual and should have been rejected by the trial court. However, a trial court’s conclusion that a facially race-neutral explanation is not pretextual should be accorded great deference on appeal (see Hernandez v New York, 500 US 352 [1991]; People v Wilson, 278 AD2d 519 [2000]), and we find no basis on this record to disturb the finding of the trial court.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are either unpreserved

p. 465

for appellate review, without merit, or do not require reversal of the judgment. Goldstein, J.E, Adams, Townes and Mastro, JJ., concur.

Cases cited

Hernandez v. New York 500 US 352 SCOTUS 1991-05-28 p. 464
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 464