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PEOPLE v. BRACERO

Appellate Division of the Supreme Court of New York, First Department.
Jan 12, 1999

Defendant's application made pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. The record supports the court's findings that the prosecutor's explanations for the disputed challenges were gender-neutral and nonpretextual. Such findings are entitled to great deference on appeal and we decline to disturb them ( People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352).

Concur — Rosenberger, J.P., Williams, Mazzarelli and Saxe, JJ.