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PEOPLE v. HENRY

236 A.D.2d 888 (1997)

664 N.Y.S.2d 899

The People of the State of New York, Respondent, v. Freddy Lee Henry, Appellant

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

February 7, 1997

Judgment unanimously affirmed.

Memorandum:

The prosecutor provided a race-neutral explanation for the exercise of a peremptory challenge against an Afro-American potential juror, and defendant failed to sustain his burden of persuasion that the prosecutor's explanation was a pretext for racial discrimination (see, People v Payne, 88 N.Y.2d 172, 181; People v Allen, 86 N.Y.2d 101

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