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PEOPLE v. TYLER

222 A.D.2d 624 (1995)

635 N.Y.S.2d 666

The People of the State of New York, Respondent, v. Ernest Tyler, Appellant

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

December 18, 1995

Ordered that the judgment is affirmed.

The defendant contends that he was deprived of his right to a jury of his own choosing when the court denied his peremptory challenge and seated a Hispanic juror. The defendant's contention is without merit.

In this case, where two of the complainants were Hispanic, the prosecutor met his burden of making a prima facie reverse Batson showing (Batson v Kentucky, 476 U.S. 79

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