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The People &C v. Bruce Sweeper

December 14, 2010

THE PEOPLE &C., RESPONDENT,
v.
BRUCE SWEEPER, APPELLANT.



This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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 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 [1998]; 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.

20101214

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