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THE PEOPLE, ETC., RESPONDENT, v. EMANUEL BROWN, APPELLANT. (Ind. No. 13007/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

After the defendant's counsel exercised peremptory challenges to three white prospective jurors, the prosecutor raised a reverse-Batson objection (see, Batson v. Kentucky, 476 U.S. 79). The Supreme Court concluded that the facially race-neutral reasons proffered by the defendant's counsel for the challenges were pretextual. The Supreme Court's determination is entitled to great deference on appeal and will not be disturbed where, as here, it is supported by the record (see, People v. Miller, 266 A.D.2d 478).

The defendant's remaining contention is without merit (see, People v. Garcia, 219 A.D.2d 669; People v. Thomas, 174 A.D.2d 994).

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PEOPLE v. BROWN
(Feb 20, 2001)