Opinion
April 20, 1999
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations. The People properly established that the glassine envelopes sold and possessed by defendant contained heroin.
The court properly declared a mistrial based on Batson violations by the defense in the first trial of this case. Defendant failed to meet his burden of providing facially race-neutral reasons for his challenges to white prospective jurors, because his purported geographical reason was expressly linked to the race of the prospective jurors ( see, People v. Payne, 88 N.Y.2d 172, 183). Further, the court sufficiently complied with the Batson protocols and properly determined that defendant's explanation for the challenges was pretextual. In any event, even if we were to find error in the court's declaration of a mistrial, followed by a trial as to which defendant raises no issues concerning voir dire, we would find no basis for ordering yet another trial, and would further find that defendant is not entitled to dismissal of the indictment, the only relief requested on appeal ( see, People v. Chapman, 185 A.D.2d 102, lv denied 81 N.Y.2d 786).
The laboratory report relating to the drugs recovered from him was properly admitted as a business record (CPLR 4518; People v. Guidice, 83 N.Y.2d 630).
We have considered and rejected defendant's remaining contentions.
Concur — Sullivan, J. P., Wallach, Lerner, Mazzarelli and Buckley, JJ.