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THE PEOPLE, ETC., RESPONDENT, v. FERNANDO WILSON, APPELLANT. (IND. NO. 9868/98)

DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly rejected the defendant's argument that the prosecution's race-neutral explanation for its peremptory challenge to a prospective juror was pretextual. 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). This is particularly true where, as here, the reason for challenging a prospective juror is based, at least in part, upon certain nonverbal responses and reactions of the prospective juror, which the trial court had the opportunity to observe (see, People v. Rivera, 220 A.D.2d 782; People v. Bennett, 206 A.D.2d 382). Accordingly, under the circumstances presented, we will not disturb the findings of the trial court.

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PEOPLE v. WILSON
(Dec 27, 2000)