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PEOPLE v. DUPREE

283 A.D.2d 1023 (2001)

725 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD L. DUPREE, Appellant.

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

Decided May 2, 2001.

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that Supreme Court erred in permitting the prosecutor to exercise a peremptory challenge to exclude the only prospective black juror (see, Batson v Kentucky, 476 U.S. 79). The prosecutor provided a race-neutral reason for excluding the juror, and defendant failed to allege that the reason was pretextual (see, People v Smith,

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