People v. Carter

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered May 15, 2000, convicting defendant, after a jury trial, of auto stripping in the second degree, criminal mischief in the fourth degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, one year and one year, respectively, unanimously affirmed.

The record establishes that the basis for the court’s denial of defendant’s application made pursuant to Batson v Kentucky (476 US 79) was defendant’s failure to establish that the prosecutor’s proffered explanation for…