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PEOPLE v. MOISE

Appellate Division of the Supreme Court of New York, Second Department.
Nov 10, 2003
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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the prosecutor's race-neutral explanation for the peremptory challenge to one of the prospective jurors was pretextual and should have been rejected by the trial court. However, a trial court's conclusion that a facially race-neutral explanation is not pretextual should be accorded great deference on appeal ( see Hernandez v. New York, 500 U.S. 352; People v. Wilson, 278 A.D.2d 519), and we find no basis on this record to disturb the finding of the trial court.

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal of the judgment.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.