PEOPLE v. KING (2000)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. James KING, appellant.

Decided: February 07, 2000

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY and HOWARD MILLER, JJ.

Maria Barous Hartofilis, Astoria, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Lisa Drury of counsel; Sabine L. Noisette on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, QueensCounty (Rios, J.), rendered April 7, 1998, convicting him of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court properly determined that the race-neutral reason offered by the prosecutor for striking a black prospective juror was not pretextual as the prosecutor clearly related the prospective juror's work and family background to the facts of the case (see, People v. Richie, 217 A.D.2d 84, 635 N.Y.S.2d 263).

The defendant's contention that the prosecutor's summation remarks were improper is largely unpreserved for appellate review, and, in any event, without merit (see, CPL 470.05[2]; People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Saks, 256 A.D.2d 479, 683 N.Y.S.2d 278).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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