PEOPLE v. SMOCUM

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, no Batson violation occurred during jury selection (see, Batson v. Kentucky, 476 U.S. 79). The Supreme Court properly determined that the race-neutral explanation proffered by the prosecutor for the challenge was not merely pretextual (see, People v. Payne, 88 N.Y.2d 172; People v. Allen, 86 N.Y.2d 101).

The defendant's remaining contention is without merit.

RITTER, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.