PEOPLE v. BELCHER (1999)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered May 16, 1997, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the trial court erred in determining, over his objection, that the People had established a prima facie case of discrimination in support of a reverse Batson challenge (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69;  People v. Payne, 88 N.Y.2d 172, 643 N.Y.S.2d 949, 666 N.E.2d 542;  People v. Kern, 75 N.Y.2d 638, 555 N.Y.S.2d 647, 554 N.E.2d 1235, cert. denied 498 U.S. 824, 111 S.Ct. 77, 112 L.Ed.2d 50).   However, because the court ruled on the ultimate issue of whether the race-neutral reasons proffered by the defense were pretextual, the issue of whether or not the People established a prima facie case of discrimination is academic (see, People v. Payne, supra, at 181-182, 643 N.Y.S.2d 949, 666 N.E.2d 542;  People v. Franklin, 248 A.D.2d 726, 671 N.Y.S.2d 270;  People v. Hill, 245 A.D.2d 464, 666 N.Y.S.2d 644).

MEMORANDUM BY THE COURT.