December 14, 2010
THE PEOPLE &C., RESPONDENT,
BRUCE SWEEPER, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant's application pursuant to Batson v Kentucky (476 US 79 ). Defendant failed to establish a step one prima facie case of racial discrimination (id. at 94-97; People v Hecker, __ NY3d __ [decided November 30, 2010]). Defendant's challenge to the constitutionality of his adjudication as a persistent violent felony offender is barred by United States v Almendarez-Torres (523 US 224 ; see People v Bell, __ NY3d __ [decided today]). Defendant's remaining contentions are without merit. On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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