People v. Valentine

—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered January 25, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 43A to 9V2 years, unanimously affirmed.

Defendant’s application made pursuant to Batson v Kentucky (476 US 79) was properly denied. We note that defendant clearly failed to establish a prima facie case of discrimination. However, since the court nevertheless proceeded to request an explanation for the single peremptory challenge at issue, and…