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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD MACKENZIE, Appellant.

Ordered that the judgment is affirmed.

The record supports the trial court's determination that the prosecutor's facially neutral explanations for excluding black jurors were not pretextual ( see, Hernandez v. New York, 500 U.S. 362, 353, affg 75 N.Y.2d 350; People v. Allen, 86 N.Y.2d 101, 109).

Further, the trial court, after a hearing, properly denied the defendant's motion to dismiss the indictment on speedy trial grounds ( see, CPL 30.30).

The defendant's remaining contentions are without merit.

Rosenblatt J.P., Ritter, Copertino and Florio, JJ., concur.

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PEOPLE v. MACKENZIE
(Sep 29, 1997)