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PEOPLE v. McLAURIN

Appellate Division of the Supreme Court of New York, Second Department.
Jan 22, 2008
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Ordered that the judgment is affirmed.

The Supreme Court properly granted the People's reverse- Batson application ( see Batson v Kentucky, 476 US 79). The record supports the court's finding of pretext with regard to the prospective juror at issue and that finding is entitled to great deference ( see People v Hernandez, 75 NY2d 350). Although defense counsel provided a race-neutral reason for challenging the juror, the record establishes that defense counsel did not challenge another juror with a similar background ( see People v Quito, 43 AD3d 411). Accordingly, the challenged juror was properly seated.

The defendant's contention that he was denied the effective assistance of counsel is without merit. A review of the circumstances in totality as of the time of the representation reveals that the defendant was afforded meaningful representation ( see People v Henry, 95 NY2d 563, 565; People v Baldi, 54 NY2d 137, 147).