PEOPLE v. DAVIDSON

Judgment unanimously affirmed. Memorandum: County Court properly denied without a hearing defendant's challenge to the panel of prospective jurors (see, CPL 270.10). The affirmation of defense counsel fails to set forth sufficient facts to substantiate defendant's contention that the jury selection process in Cayuga County resulted in the systematic exclusion of African Americans (see, People v. Grant, 226 A.D.2d 1092, 1093, lv denied 89 N.Y.2d 864; People v. Mitchell, 155 A.D.2d 695, lv denied 75 N.Y.2d 815; People v. Liberty, 67 A.D.2d 776, 777, lv denied 46 N.Y.2d 1081). Defendant's sentence is neither unduly harsh nor severe.