Opinion
1996-06701
Submitted April 18, 2002.
May 8, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered July 19, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Robin C. Smith, Brooklyn, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.
Before: FLORIO, J.P., FRIEDMANN, MILLER, TOWNES, JJ.
ORDERED that the judgment is affirmed.
The record supports the hearing court's determination that the police had probable cause to arrest the defendant (see People v. Bigelow, 66 N.Y.2d 417, 423; People v. Ramos, 256 A.D.2d 524; People v. Attebery, 223 A.D.2d 714).
The defendant raised a Batson challenge (see Batson v. Kentucky, 476 U.S. 79) during jury selection. Since the defendant did not address the merits of the prosecution's facially-neutral explanations, his contention that the explanations were pretextual is unpreserved for appellate review (see People v. West, 281 A.D.2d 647; People v. Figueroa, 276 A.D.2d 561; People v. Santiago, 272 A.D.2d 418).
The appellant's remaining contention, raised in his supplemental pro se brief, is with merit.
FLORIO, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.