PEOPLE v. WARE

The trial court properly declined to require the prosecutor to provide race-neutral explanations for his use of peremptory challenges, because defendant failed to establish a prima facie case of discrimination. The mere number of peremptory challenges exercised by the prosecution against African-Americans did not establish a prima facie case (see, People v. Jenkins, 84 N.Y.2d 1001), particularly where, as here, Caucasians constituted but a small proportion of the entire pool of prospective jurors.

Concur — Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.