People v. Penick

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered February 6, 1992, convicting him of robbery in the first degree and tampering with a witness in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to establish a violation of the rule of Batson v Kentucky (476 US 79). Defense counsel’s perfunctory statement that the prosecutor had used five peremptory challenges to strike black venire persons at the end of the first round did not, standing alone, make out a prima facie case…