People v Sweeper, 15 NY3d 926 (2010)

2010 NY Slip Op 09163 [15 NY3d 925]
December 14, 2010
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Bruce Sweeper, Appellant.

Decided December 14, 2010

People v Sweeper, 71 AD3d 439, affirmed.

{**15 NY3d at 926} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant’s application pursuant to Batson v Kentucky (476 US 79 [1986]). Defendant failed to establish a step one prima facie case of racial discrimination (id. at 94-97; People v [*2]Hecker, 15 NY3d 625 [2010]). Defendant’s challenge to the constitutionality of his adjudication as a persistent violent felony offender is barred by Almendarez-Torres v United States (523 US 224 [1998]; see People v Bell, 15 NY3d 935 [2010] [decided today]). Defendant’s remaining contentions are without merit.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.