Appellate Division of the Supreme Court of New York, 1998

People v. Lassic

People v. Lassic
Appellate Division of the Supreme Court of New York · Decided October 5, 1998
254 A.D.2d 303; 678 N.Y.S.2d 281
People v. Lassic

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered May 21, 1993, convicting him of robbery in the first degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that he was deprived of a fair trial because the prosecutor exercised three racially-motivated peremptory challenges against black venirepersons in violation of Batson v Kentucky (476 US 79). However, the defendant failed to meet his burden of demonstrating that the race-neutral explanations proffered by the prosecutor were merely pretextual (see, People v Allen, 86 NY2d 101; People v Hernandez, 75 NY2d 350, affd 500 US 352; People v Waldo, 221 AD2d 390; People v Gooden, 220 AD2d 683).

The defendant’s remaining contention is without merit. Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.

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