People v. McIlwain

Judgment unanimously modified on the law and as modified affirmed and mat*1047ter remitted to Erie County Court for sentencing in accordance with the following Memorandum: We reject the contention of defendant that County Court erred in denying his objection, pursuant to Batson v Kentucky (476 US 79), to the prosecutor’s peremptory challenge of a black prospective juror. The prosecutor proffered a race-neutral explanation for the challenge, and “the trial court was in the best position to observe the prosecutor’s demeanor and determine whether his explanations were credible or merely pretexts for…