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PEOPLE v. VARGAS

25 A.D.3d 497 (2006)

812 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP VARGAS, Appellant.

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

January 26, 2006.

The court properly denied defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]). The prosecutor provided race-neutral reason for striking a prospective juror based on her lack of employment and her demeanor, and the court's finding that these reasons were not pretextual is supported by the record. This determination is entitled to great deference (see People v Hernandez, 75 N.Y.2d 350

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