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PEOPLE v. FIGUEROA

Appellate Division of the Supreme Court of New York, Second Department.
Jun 1, 1993

Ordered that the judgment is affirmed.

The defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is baseless (see, Batson v. Kentucky, 476 U.S. 79). The Supreme Court properly concluded that the defendant failed to make out a prima facie showing that the prosecution purposefully excluded prospective jurors on the basis of their ethnic identities (see, People v. Childress, 81 N.Y.2d 263; People v. Steele, 79 N.Y.2d 317, 325; People v. Simmons, 79 N.Y.2d 1013; cf., People v. Bolling, 79 N.Y.2d 317, 324-325; People v. Jenkins, 75 N.Y.2d 550, 556-557).

Furthermore, the Court of Appeals has rejected the defendant's argument "that, regardless of race, `minorities' in general constitute a cognizable racial group" (People v. Smith, 81 N.Y.2d 875, 876). Thompson, J.P., Sullivan, Ritter and Joy, JJ., concur.