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PEOPLE v. BENJAMIN

278 A.D.2d 239 (2000)

717 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD BENJAMIN, Appellant.

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

Decided December 4, 2000.

Ordered that the judgment is affirmed.

In response to the defendant's Batson challenge (see, Batson v Kentucky, 476 U.S. 79), the prosecutor responded with a raceneutral reason for exercising a peremptory challenge, thereby shifting the burden to the defendant to prove that the peremptory challenge was used in a racially-discriminatory manner (see, People v Allen, 86 N.Y.2d 101

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