Opinion
January 31, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 10, 1998, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the third degree (three counts), assault in the second degree (two counts), resisting arrest, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and James A. Dolan of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record supports the trial court's determination that the defendant's proffered explanation for challenging a prospective white juror was pretextual since he did not challenge other prospective jurors who were similarly situated (see, People v. Smalls, 249 A.D.2d 495; People v. Vega, 239 A.D.2d 615; People v. Waldo, 221 A.D.2d 390). Accordingly, it was not error to seat the juror over the defendant's objection.