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People v. Fields
276 A.D.2d 801
N.Y. App. Div.
2000
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Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. *802Rivera, J.), rendered November 12, 1997, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In support of his motion pursuant to Batson v Kentucky (476 US 79), the defendant alleged sufficient facts to raise an inference that the prosecutor was engaging in race-based discrimination. In response, the prosecutor offered two race-neutral justifications for the exercise of her peremptory challenge of the prospective juror (see, People v Allen, 86 NY2d 101). Since the record supports the conclusion that the defendant “failed to prove that the reason[s] given by the prosecutor [were] pretextual” (People v Rose, 258 AD2d 483, 484), the trial court properly sustained the peremptory challenge (see, People v Rodriguez, 259 AD2d 713).

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]). Sullivan, J. P., S. Miller, H. Miller and Smith, JJ., concur.

Case Details

Case Name: People v. Fields
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 30, 2000
Citation: 276 A.D.2d 801
Court Abbreviation: N.Y. App. Div.
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