PEOPLE v. FENNELL

The record supports the trial court's conclusion that defense counsel's peremptory challenges violated Batson v Kentucky ( 476 US 79). The trial court's resolution of the "step three pretext determination" ( People v Payne, 88 NY2d 172, 183) turned on the court's assessment of defense counsel's credibility and is entitled to deference by this Court on appeal ( People v Mancini, 219 AD2d 456, 458, lv denied 86 NY2d 844). Defendant's unsupported and belated Batson claim was clearly a visceral response to the People's objection pursuant to People v Kern ( 75 NY2d 638, cert denied 498 US 824), and was properly rejected by the trial court ( see, People v Wilkins, 214 AD2d 449, lv denied 86 NY2d 875).

We find no error in the trial court's supplemental charge on felony murder; the record does not indicate that the court misinterpreted the jury's request for further instructions or that the jurors were dissatisfied with the instructions given ( People v Almodovar, 62 NY2d 126, 132). The limitation of defense counsel's proposed voir dire respecting photographs of the murder victim was within the trial court's broad discretion ( People v Boulware, 29 NY2d 135, 140, cert denied 405 US 995).