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PEOPLE v. ALLEN

2007-09638

71 A.D.3d 778 (2010)

896 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER ALLEN, Appellant.

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

Decided March 9, 2010.

Ordered that the judgment is affirmed.

The defendant's Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986]) was properly denied. Since the prosecutor offered a gender-neutral explanation for the questioned peremptory challenges, the issue of whether the defendant made a prima facie showing of discrimination under the first prong of the Batson analysis is academic (see People v Smocum, 

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