People v. Richardson

The court properly denied defendant’s application made pursuant to Batson v Kentucky (476 US 79). The record supports the court’s finding that defendant did not establish a prima facie case of discrimination (see People v Jenkins, 84 NY2d 1001; People v Childress, 81 NY2d 263, 267). The first-step *612prima facie case issue is not moot because, based on a fair reading of the record of the voir dire, we find that although the prosecutor offered explanations for the challenges at issue, the court never “ruled on the ultimate question of intentional discrimination.” (Hernandez v New York, 500 US…