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PEOPLE v. MARTINEZ

58 A.D.3d 754 (2009)

872 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTINEZ, Appellant.

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

January 20, 2009.

Ordered that the judgment, as amended, is affirmed.

The trial court properly denied the defendant's Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986]). In response to the defendant's challenge, the prosecutor stated that she used a peremptory strike to remove a black male prospective juror because he was wearing a shirt upon which was printed the image of Al Capone and the words "Al Capone original gangster....

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