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PEOPLE v. MATHEWS

201 A.D.2d 588 (1994)

607 N.Y.S.2d 738

The People of the State of New York, Respondent, v. Benjamin Mathews, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1994

Ordered that the judgment is affirmed.

The defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is without merit (see, Batson v Kentucky, 476 U.S. 79). The court properly concluded that the defendant failed to make out a prima facie showing that the prosecution purposefully excluded prospective black jurors on the basis of their race (see, People v Childress...

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