Opinion
February 6, 1996
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Defendant failed to preserve his claim of intentional discrimination by the prosecutor since he failed to challenge the prosecutor's explanations for rejecting a male African-American panelist ( see, People v. Allen, 86 N.Y.2d 101, 110-111). Moreover, we find that the prosecutor's explanation was not pretextual ( People v. Gonzalez, 212 A.D.2d 436, lv denied 85 N.Y.2d 938; People v. Manigo, 165 A.D.2d 660).
Defendant's sentence was not excessive in view of the brutality of the crime.
Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.