PEOPLE v. THOMPSON (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heffernan, J.), rendered March 29, 2006, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the trial court's ruling on the People's reverse-Batson challenge (see Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69) was in error.  We disagree.  The prosecutor raised a reverse-Batson challenge, and the trial court determined that with respect to one peremptory strike, defense counsel's proffered explanation was pretextual (see People v. Payne, 88 N.Y.2d 172, 181, 643 N.Y.S.2d 949, 666 N.E.2d 542;  People v. Allen, 86 N.Y.2d 101, 104, 629 N.Y.S.2d 1003, 653 N.E.2d 1173).  The trial court is in the best position to assess the credibility of counsel's explanations (see Hernandez v. New York, 500 U.S. 352, 364, 111 S.Ct. 1859, 114 L.Ed.2d 395;  People v. Jeffreys, 258 A.D.2d 474, 475, 684 N.Y.S.2d 615).  We discern no basis in the record to disturb the trial court's credibility assessment and determination (see People v. Chapman, 295 A.D.2d 359, 744 N.Y.S.2d 42;  People v. Grier, 261 A.D.2d 555, 690 N.Y.S.2d 648;  People v. Garrastazu, 238 A.D.2d 354, 656 N.Y.S.2d 305).

The defendant's remaining contentions are without merit.