People v. Rumph

—Judgment unani*1036mously affirmed. Memorandum: We reject the assertion of defendant that the prosecutor failed to offer a valid race-neutral explanation for his use of a peremptory challenge to excuse an African-American potential juror. Defense counsel failed in the first instance to establish a prima facie case of discrimination (see, Batson v Kentucky, 476 US 79). The broad statements by defense counsel that he did not feel there was a "truthful reason” for excluding the juror "other than the fact that she is African-American” and that he did not note any "facial gestures” on her part were…