People v. Flax

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the first degree and burglary in the second degree. The jury acquitted defendant of two counts of rape in the first degree, sodomy in the first degree and attempted sodomy in the first degree. We reject the contention of defendant that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

Additionally, we reject the contention of defendant that the prosecutor used peremptory challenges to exclude African-American jurors. Defendant…