People v. Phillip

279 A.D.2d 537, 718 N.Y.S.2d 879, 2001 N.Y. App. Div. LEXIS 395

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 16, 2001
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered December 10, 1998, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly determined that the prosecutor’s facially-neutral explanations for excusing two black prospective jurors were not pretextual (see, People v Payne, 88 NY2d 172; see also, People v Allen, 86 NY2d 101).

The defendant’s remaining contention is unpreserved for appellate review. Bracken, Acting P. J., Altman, Goldstein and McGinity, JJ., concur.