People v Mark Watson

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People v Watson 2004 NYSlipOp 00985 February 17, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 21, 2004

The People of the State of New York, Respondent,
v
Mark Watson, Appellant.

Judgment, Supreme Court, Bronx County (Barbara Newman, J.), entered on or about June 15, 2000, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree, and burglary in the first degree (two counts), and sentencing him, as a second felony offender, to two consecutive terms of 12½ to 25 years for the burglary convictions, and two concurrent terms of 12½ to 25 years for the rape and sodomy convictions, to run consecutively with the burglary convictions, unanimously affirmed.

Defendant's application pursuant to Batson v Kentucky (476 US 79 [1986]) was properly denied as the record supports the trial court's determination that defendant failed to make a prima facie showing of intentional discrimination in the prosecution's exercise of its peremptory challenges (People v Brown, 97 NY2d 500, 507-508 [2002]; People v Williams, 301 AD2d 369 [2003], lv denied 99 NY2d 659 [2003]). Defendant's numerical argument was not so compelling as to be conclusive (see People v Walker, 306 AD2d 56, 56 [2003], lv denied 100 NY2d 600 [2003]; People v Truesdale, 299 AD2d 289, 290 [2002], lv denied 99 NY2d 659 [2003]).

We have considered defendant's remaining arguments and find them unavailing. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.