People v. Smith — 226 A.D.2d 566

Majority

p. 566

The People of the State of New York, Respondent, v Tommy Smith, Appellant.

[641 NYS2d 550]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered July 26, 1994, convicting him of criminal possession of stolen property in the third degree, unauthorized use of a vehicle in the third degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim of error pursuant to Batson v Kentucky ( 476 US 79 ) was never presented to the trial court as specifically based on a combination of race and gender. Thus, the defendant has failed to preserve for appellate review his contention that the trial court erred by finding that the defense had not established a prima facie case of discrimination by the prosecution in its use of peremptory challenges against

p. 567

African-American men (see, People v Stephens, 84 NY2d 990 ; People v Ramos, 223 AD2d 565 ). Moreover, we decline to reach the issue in the exercise of our interest of justice jurisdiction. Santucci, J. P., Altman, Krausman and Goldstein, JJ., concur.

Cases cited

Batson v. Kentucky 476 US 79 SCOTUS 1986-04-30 p. 566
People v. Stephens 84 NY2d 990 N.Y. 1994-12-22 p. 567