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PEOPLE v. LINLEY

60 A.D.3d 696 (2009)

874 N.Y.S.2d 551

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDE LINLEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2009.

Ordered that the judgment is affirmed.

The defendant's assertion that the trial court erred in denying his Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986]) is unpreserved for appellate review and, in any event, is without merit. The prosecutor's race-neutral explanations for using a peremptory challenge against a prospective black juror are supported by the record, and the defendant "failed to carry his ultimate...

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