Opinion
June 21, 1994
Appeal from the Supreme Court, New York County (Renee White, J.).
The court properly denied defendant's Batson v. Kentucky ( 476 U.S. 79) challenge to the prosecutor's peremptory challenges to three black prospective jurors on the ground that the prosecutor had offered sufficient non-pretextual, race-neutral reasons for those challenges (People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352).
Defendant's argument that the prosecutor intentionally violated Brady v. Maryland ( 373 U.S. 83) by failing to disclose a witness's prior conviction, and by failing to provide discovery as to the facts of that prior conviction is unpreserved (CPL 470.05), and we decline to reach it in the interest of justice. Were we to review, we would find that the prosecutor provided information regarding the witness's prior conviction as required by law.
Defendant's argument that his trial counsel was improperly precluded from asking a prosecution witness whether he had failed to inform the Grand Jury that he possessed a knife at the time of defendant's arrest lacks merit since the witness's attention was never specifically drawn to this matter during the Grand Jury proceedings (People v. Epps, 190 A.D.2d 630, lv denied 81 N.Y.2d 1013).
We have considered defendant's remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Kupferman, Ross, Nardelli and Tom, JJ.