Opinion
December 27, 2000.
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Burglary, 3rd Degree.
PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, WISNER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
The contention of defendant that reversal is required based on a Batson violation ( see, Batson v. Kentucky, 476 U.S. 79) is not preserved for our review because he did not raise that alleged violation until after the jurors, including the alternates, were sworn ( see, People v. Hoskins, 254 A.D.2d 729, 729-730; People v. Williams, 206 A.D.2d 917, lv denied 84 N.Y.2d 911). In any event, defendant's contention lacks merit. Even assuming, arguendo, that defendant established a prima facie case of discrimination, we agree with Supreme Court that the prosecutor`s explanation for the challenge was race-neutral and was not pretextual ( see, People v. Hinds, 270 A.D.2d 891, 891-892; see also, People v. Barber, 156 A.D.2d 1022, 1023, lv denied 75 N.Y.2d 866).