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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AINSWORTH HUNTER, Appellant.

The verdict was not against the weight of the evidence. Defendant's course of conduct and the surrounding circumstances, viewed as a whole, supports the inference that defendant intended to kill the victim ( cf., People v. Wiggins, 191 A.D.2d 364, lv denied 81 N.Y.2d 1021).

Defendant failed to present the trial court with a prima facie case of prosecutorial discrimination during jury selection. He did not present any factors or circumstances to support a prima facie case suggesting purposeful exclusion ( Batson v. Kentucky, 476 U.S. 79, 94; People v. Bolling, 79 N.Y.2d 317, 325). Defendant's remaining claims are without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.

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PEOPLE v. HUNTER
(Oct 9, 1997)