Opinion
1281
June 3, 2003.
Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered July 16, 1993, convicting defendant, after a jury trial, of attempted murder in the second degree, burglary in the first and third degrees and assault in the first degree, and sentencing him, as a second violent felony offender, to an aggregate term of 10 to 20 years, unanimously affirmed.
William K. Clark, for respondent.
Stacey Richman, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Andrias, Friedman, Marlow, JJ.
The court properly denied defendant's application made pursuant toBatson v. Kentucky ( 476 U.S. 79). The court correctly determined that even if the prosecutor's race-neutral reason for challenging one panelist was the result of the prosecutor's mistake in his recollection of the juror's answers, this was an honest mistake and not a pretext for intentional discrimination (see People v. Sanchez, 302 A.D.2d 282, 754 N.Y.S.2d 639). Defendant failed to carry his burden of demonstrating any discriminatory intent, and the court's factual determination is entitled to great deference on appeal (People v. Hernandez, 75 N.Y.2d 350, 356, affd 500 U.S. 352; see also Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1032-1033).
With regard to the other three panelists at issue, by failing, at step three of the Batson application, to raise any arguments as to why the prosecutor's facially race-neutral explanations for his peremptory challenges were pretextual, defendant failed to preserve his present claims (see People v. Smocum, 99 N.Y.2d 418; 109-111), and we decline to review them in the interest of justice. In the circumstances presented, defendant's unelaborated "exceptions" did not preserve his present claims or satisfy his step-three burden. In any event, the record supports the court's findings (see People v. Hernandez, supra).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.