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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY McKINNEY, Appellant.

Ordered that the judgment is affirmed.

We find no basis in the record to disturb the trial court's determination to seat two prospective jurors after its finding that the defense counsel's explanation for challenging those jurors had a discriminatory intent (see, Batson v. Kentucky, 476 U.S. 79; People v. Allen, 86 A.D.2d 101; People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352).

The defendant's remaining contentions are without merit. Thompson, J.P., Copertino, Hart and Goldstein, JJ., concur.

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PEOPLE v. McKINNEY
(Oct 10, 1995)