PEOPLE v. MORLA (1997)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered October 27, 1995, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Contrary to the defendant's contention, the record in this case does not demonstrate that a Batson violation occurred during jury selection (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69;  People v. Childress, 81 N.Y.2d 263, 598 N.Y.S.2d 146, 614 N.E.2d 709;  People v. Vidal, 212 A.D.2d 553, 622 N.Y.S.2d 323).   In his attempt to make the requisite prima facie showing (see, People v. Childress, supra, at 266, 598 N.Y.S.2d 146, 614 N.E.2d 709), the defendant relied solely upon a claimed discriminatory pattern of peremptory strikes exercised by the prosecution to exclude black venirepersons.   The Supreme Court rejected the defendant's Batson challenge, and we find no basis in this record to disturb the court's ruling.

 It is incumbent upon the party mounting a Batson challenge to “articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection is raised and discussed” (People v. Childress, supra, at 268, 598 N.Y.S.2d 146, 614 N.E.2d 709;  People v. Vidal, supra, at 554, 622 N.Y.S.2d 323).   Here, the defense counsel failed to satisfy his obligation to articulate on the record a sound factual basis for his Batson claim, noting only the bare fact that the prosecution exercised 7 of its 11 peremptory challenges against black venirepersons.   In the absence of a record demonstrating other facts or circumstances supporting a prima facie case, we find that the defendant failed to establish a pattern of purposeful exclusion sufficient to raise an inference of discrimination (see, e.g, People v. Bolling, 79 N.Y.2d 317, 325, 582 N.Y.S.2d 950, 591 N.E.2d 1136;  see also, People v. Jenkins, 84 N.Y.2d 1001, 622 N.Y.S.2d 509, 646 N.E.2d 811;  People v. Childress, supra;  People v. Robert G., 241 A.D.2d 499, 660 N.Y.S.2d 154;  People v. Overton, 238 A.D.2d 528, 657 N.Y.S.2d 192;  People v. Morris, 217 A.D.2d 710, 630 N.Y.S.2d 329, affd. 88 N.Y.2d 519, 647 N.Y.S.2d 142, 670 N.E.2d 426;  People v. Vidal,supra, at 554, 622 N.Y.S.2d 323).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.