Opinion
March 30, 1998
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant was convicted of various crimes arising from two separate shooting sprees. On appeal, he argues that the court erred in denying two of his challenges for cause made during jury selection. However, because the defendant did not exhaust his peremptory challenges, this claim is unpreserved for appellate review ( see, CPL 270.20; People v. Guzman, 76 N.Y.2d 1, 4; People v. Simmons, 218 A.D.2d 677).
The defendant also argues that the court erred when it found that the People, in support of a reverse Batson challenge, had established a prima facie case that the defense was using its peremptory challenges for the impermissible discriminatory purpose of striking all white male venirepersons ( see, People v. Childress, 81 N.Y.2d 263; People v. Kern, 75 N.Y.2d 638, cert. denied 498 U.S. 824). However, because the court ruled on the ultimate issue of whether the race-neutral reasons proffered by the defense were pretextual, the issue of whether or not the People established a prima facie case of discrimination is moot ( see, People v. Payne, 88 N.Y.2d 172; People v. Jones, 204 A.D.2d 485). Further, the court did not err in holding certain race-neutral reasons proffered by the defense to be pretextual ( see, People v. Liang Jun Ying, 236 A.D.2d 630; People v. Richie, 217 A.D.2d 84).
The defendant's remaining contentions are not preserved for appellate review ( see, CPL 470.05).
Miller, J. P., Ritter, Krausman and Goldstein, JJ., concur.