People v. Austin

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered November 17, 2000, convicting defendant, after a jury trial, of 12 counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s application made pursuant to Batson v Kentucky (476 US 79) since defendant failed to establish that the prosecutor’s proffered explanations for challenging the panelists at issue were pretextual. The court’s acceptance of the prosecutor’s employment-based reasons for…