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PEOPLE v. WARE

245 A.D.2d 85 (1997)

665 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Bobby Ware, Appellant

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

December 9, 1997

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans did not establish a prima facie case (see, People v Jenkins, 84 N.Y.2d 1001

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