People v. Simmons

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In the course of jury selection, the prosecutor peremptorily challenged three prospective jurors, two black, one white; the black jurors were the only black venirepersons in the 35 member jury pool. Defendant contended that the prosecutor’s use of peremptory challenges to excuse them violated the *1015Equal Protection Clause of the Federal Constitution (US Const 14th Amend; see, Hernandez v New York, 500 US —, 111 S Ct 1859, affg 75 NY2d 350; Batson v Kentucky, 476 US 79). Inasmuch as defendant, who is black,…