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PEOPLE v. COLEMAN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 22, 2001
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ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his Batson challenge (see, Batson v. Kennedy, 476 U.S. 79). The prosecutor's reason for challenging the subject juror was race-neutral and was supported by the record (cf., People v. McIndoe, 277 A.D.2d 252). The defendant failed to demonstrate that the reason given by the prosecutor was pretextual (see, People v. Payne, 88 N.Y.2d 171, 182; People v. Allen, 86 N.Y.2d 101, 109-110; People v. Ritchie, 217 A.D.2d 84, 87).

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 or are without merit.

SANTUCCI, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.