Majority
p. 206The People of the State of New York, Respondent, v Joseph White, Appellant. [638 NYS2d 296]
—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered April 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 81/s to 25 years, unanimously affirmed.
p. 207
Defendant failed to preserve his claim of intentional discrimination by the prosecutor since he failed to challenge the prosecutor’s explanations for rejecting a male African-American panelist (see, People v Allen, 86 NY2d 101 , 110-111). Moreover, we find that the prosecutor’s explanation was not pretextual (People v Gonzalez, 212 AD2d 436 , Lv denied 85 NY2d 938 ; People v Manigo, 165 AD2d 660 ).
Defendant’s sentence was not excessive in view of the brutality of the crime. Concur — Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.
Cases cited
- People v. Allen 86 NY2d 101 at 110-111 p. 207
- People v. Gonzalez 212 AD2d 436 p. 207
- People v. Manigo 165 AD2d 660 p. 207