Opinion
Argued October 15, 1999
November 30, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered May 29, 1997, convicting him of robbery in the third degree and petit larceny (two counts), upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Camilla B. Taylor of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Matthew Schechter of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly determined that the defendant failed to make a prima facie showing of discrimination in the selection of jurors under Batson v. Kentucky ( 476 U.S. 79; see, People v. Jenkins, 84 N.Y.2d 1001, 1003; People v. Childress, 81 N.Y.2d 263, 266; People v. Gray, 243 A.D.2d 648).
The defendant's present contentions that he was deprived of a fair trial by the prosecutor's questioning of him during cross-examination, the prosecutor's summation, and certain comments made by the court are largely unpreserved for appellate review ( see, CPL 470.05; People v. Sevencan, 258 A.D.2d 485; People v. Campbell, 236 A.D.2d 618). In any event, no reversible error occurred.
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
O'BRIEN, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.