PEOPLE v. FALKENSTEIN


288 A.D.2d 922 (2001)

732 N.Y.S.2d 817

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL FALKENSTEIN, Appellant.

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

Decided November 9, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of conspiracy in the second degree (Penal Law § 105.15). Supreme Court properly denied defendant's objection to the prosecutor's use of a peremptory challenge with respect to a prospective juror who was hearing-impaired. While it is impermissible to exercise a peremptory challenge on the basis of race (see, Batson v Kentucky,

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