People v. Nieves

259 A.D.2d 302, 684 N.Y.S.2d 784, 1999 N.Y. App. Div. LEXIS 2396

Opinion

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered August 22, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to two concurrent terms of 5V2 to 11 years concurrent with a term of 4V2 to 9 years, unanimously affirmed.

The court’s determination that the race-neutral reason offered by the prosecutor for the peremptory challenge at issue was nonpretextual is supported by the record and entitled to great deference (see, People v Wint, 237 AD2d 195, lv denied 89 NY2d 1103), and we decline to disturb that determination.

The court’s charge, viewed as a whole, conveyed the proper principles concerning the elements of the crimes charged (People v Fields, 87 NY2d 821, 823) and did not serve to remove a factual issue from the jury’s consideration. Concur — Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.