People v Siegel
2005 NY Slip Op 07416 [22 AD3d 245]
October 6, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 14, 2005


The People of the State of New York, Respondent,
v
Shana Siegel, Appellant.

[*1]

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered July 18, 2003, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of 30 days, unanimously affirmed.

The court properly denied defendant's application pursuant to Batson v Kentucky (476 US 79 [1986]). The record supports the court's finding that the nondiscriminatory reasons provided by the prosecutor for the challenges in question were not pretextual. This finding is entitled to great deference (see People v Hernandez, 75 NY2d 350 [1990], affd 500 US 352 [1991]). Defendant's remaining arguments on this issue are unpreserved and we decline to review them in the interest of justice.

The prosecutor's cross-examination of defendant and accompanying summation comments delved into relevant material given defendant's portrayal of herself as small and weak. Concur—Buckley, P.J., Friedman, Sullivan and Nardelli, JJ.