PEOPLE v. JUSTINO (2006)

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered March 1, 2004, convicting him of manslaughter in the second degree and reckless endangerment in the second degree (three counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly found that the defendant's race-neutral explanations for excluding potential jurors were pretextual (see Hernandez v. New York, 500 U.S. 352, 353, 111 S.Ct. 1859, 114 L.Ed.2d 395;  People v. Payne, 88 N.Y.2d 172, 181, 643 N.Y.S.2d 949, 666 N.E.2d 542;  People v. Queen, 258 A.D.2d 480, 684 N.Y.S.2d 613).   The record supports the determination of the County Court, and we decline to disturb it (see People v. Jackson, 249 A.D.2d 415, 670 N.Y.S.2d 781;  People v. McDougle, 230 A.D.2d 808, 646 N.Y.S.2d 621).

The defendant's contention that the prosecutor made improper remarks during summation is without merit, as the challenged remarks constituted fair comment on the evidence or fair response to the defendant's summation (see People v. Ashwal, 39 N.Y.2d 105, 383 N.Y.S.2d 204, 347 N.E.2d 564;  People v. Scotti, 220 A.D.2d 543, 632 N.Y.S.2d 209;  People v. Russo, 201 A.D.2d 512, 513, 607 N.Y.S.2d 413, affd. 85 N.Y.2d 872, 626 N.Y.S.2d 51, 649 N.E.2d 1195;  People v. Shepherd, 176 A.D.2d 369, 370, 574 N.Y.S.2d 596;  People v. Torres, 121 A.D.2d 663, 664, 503 N.Y.S.2d 659).

The defendant's remaining contentions are without merit.