The People, etc., respondent, v. Joel Billy, appellant. (2012)

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

The People, etc., respondent, v. Joel Billy, appellant.

2009–06549 (Ind.No. 4242 /08)

Decided: April 03, 2012

RUTH C. BALKIN, J.P. CHERYL E. CHAMBERS L. PRISCILLA HALL LEONARD B. AUSTIN, JJ.

Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Argued—March 1, 2012

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered July 6, 2009, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly granted the People's reverse-Batson challenge (see Batson v. Kentucky, 476 U.S. 79; People v. Luciano, 10 NY3d 499, 502–503; People v. Kern, 75 N.Y.2d 638, cert denied 498 U.S. 824). The Supreme Court's determination that defense counsel's proffered reasons for challenging the juror in question were pretextual is entitled to deference and is supported by the record (see People v. Clarke, 64 AD3d 612; People v. Richie, 217 A.D.2d 84, 89).

BALKIN, J.P., CHAMBERS, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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