PEOPLE v. QUATTLEBAUM (2009)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered March 16, 2007, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

During jury selection, the defendant objected, pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69, to the prosecution's exercise of two peremptory challenges.   The defendant contends that the court erred in allowing one of those challenges.   The prosecution satisfied its obligation to provide facially race-neutral reasons for rejecting the juror (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, 109-110, 629 N.Y.S.2d 1003, 653 N.E.2d 1173).   Thereafter, the burden shifted to the defendant to demonstrate that the People's explanation was pretextual (see People v. Allen, 86 N.Y.2d at 111, 629 N.Y.S.2d 1003, 653 N.E.2d 1173;  People v. McCargo, 226 A.D.2d 480, 481, 641 N.Y.S.2d 322).

The defendant did not demonstrate that the race-neutral reasons proffered by the prosecutor were pretextual, but rather, simply reiterated that the number of black venirepersons challenged was sufficient to establish a prima facie case of purposeful discrimination.   Accordingly, the defendant failed to meet his burden (see People v. Bolton, 239 A.D.2d 511, 658 N.Y.S.2d 944).

The defendant's remaining contentions are without merit.