People v. Ortiz

*199OPINION OF THE COURT

David Goldstein, J.

This action is presently on trial before the court and a jury. The indictment charges defendant with robbery in the first and second degrees, emanating from an incident which occurred on September 19, 1993, at 92nd Street and Elmhurst Avenue, in Queens. At that time and place, it is alleged that defendant and two others robbed complainant, Jose Escobar, by use of what appeared to be a gun.

In the course of the jury selection, in the third round, defendant raised an issue as to the propriety of the prosecutor’s exercise of his eighth peremptory challenge,…