Torts · MBE-tested

The People of the State of New York, Respondent, v. Orlando Russell, Appellant

233 A.D.2d 469650 N.Y.S.2d 601·New York Supreme Court, Appellate Division·1996·NY

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Opinion

The People of the State of New York, Respondent, v Orlando Russell, Appellant. [650 NYS2d 601] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered January 3, 1995, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. We find no basis in the record to disturb the trial court’s determination to seat a prospective juror after its finding that defense counsel’s race-neutral explanation for challenging that juror was pretextual (see, People v Payne, 88 NY2d 172; People v Allen, 86 NY2d 101). Rosenblatt, J. P., O’Brien, Thompson and McGinity, JJ., concur.