Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
Following the evidentiary hearing directed by this court, the Supreme Court reported that the People failed to rebut the defendant's prima facie showing of racial discrimination. The People have not opposed this finding and have consented to the defendant's retrial. After reviewing the transcript of the evidentiary hearing, we agree with the finding of the Supreme Court that the prosecutor failed to rebut the defendant's prima facie showing of racial discrimination (see, Batson v. Kentucky, 476 U.S. 79; People v. Jenkins, 75 N.Y.2d 550).
In light of our determination, we need not address the defendant's remaining contentions. Kunzeman, J.P., Balletta, Miller and O'Brien, JJ., concur.