PEOPLE v. HUNTER

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.