PEOPLE v. REYES

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

The PEOPLE, etc., respondent, v. Brian REYES, appellant.

Decided: March 22, 1999

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN and LEO F. McGINITY, JJ. Myra Derkatch Rochelson, Commack, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Blair Winston of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 30, 1997, convicting him of robbery in the second degree (three counts), robbery in the third degree, unauthorized use of a motor vehicle in the third degree, and theft of services, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the record does not reveal that a Batson violation occurred (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69).   The defendant failed to make a prima facie demonstration that the People impermissibly used their peremptory challenges to strike black venirepersons for racially-discriminatory purposes (see, People v. Allen, 86 N.Y.2d 101, 629 N.Y.S.2d 1003, 653 N.E.2d 1173;  People v. Childress, 81 N.Y.2d 263, 266, 598 N.Y.S.2d 146, 614 N.E.2d 709;  see also, People v. Lowe, 234 A.D.2d 564, 652 N.Y.S.2d 51;  People v. Penick, 229 A.D.2d 405, 645 N.Y.S.2d 73;  People v. Vidal, 212 A.D.2d 553, 622 N.Y.S.2d 323).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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