The People, etc., respondent, v. Kevin Louis, appellant.

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

The People, etc., respondent, v. Kevin Louis, appellant.

2008–09711 (Ind.No. 5382/03)

Decided: May 31, 2011

WILLIAM F. MASTRO, J.P. JOHN M. LEVENTHAL LEONARD B. AUSTIN JEFFREY A. COHEN, JJ. Lynn W.L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellants. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Submitted—May 6, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered October 20, 2008, convicting him of rape in the first degree, burglary in the first degree, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his Batson challenge (see Batson v. Kentucky, 476 U.S. 79), as he failed to carry his burden of proving that the prosecutor's facially race-neutral explanations for exercising a peremptory challenge to the subject juror were pretexts for purposeful discrimination (see Hernandez v. New York, 500 U.S. 352, 363–365;  People v. Hecker, 15 NY3d 625, 663–665, cert denied sub nom.  Black v. New York, US, 2011 WL 743068, 2011 U.S. LEXIS 3154;  People v. Smocum, 99 N.Y.2d 418, 422).

MASTRO, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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