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PEOPLE v. WARE

303 A.D.2d 173 (2003)

760 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON WARE, Appellant.

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

Decided March 6, 2003.

Defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]) was properly denied. The prosecutor articulated a facially race-neutral reason for the challenge at issue, and we reject defendant's assertion that this reason was inherently race-based. The record further supports the court's finding that the explanation was not pretextual. This finding is entitled to great deference because a trial court is in the best position...

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