Opinion
October 8, 1998
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
The record demonstrates that the prosecutor provided nonpretextual, race neutral reasons for the use of peremptory challenges. The court's findings are entitled to considerable deference ( see, People v. Hernandez, 75 N.Y.2d 350, 353, aff'd 500 U.S. 352; People v. Wint, 237 A.D.2d 195, lv denied 89 N.Y.2d 1103).
Defendant did not preserve his claim that the rape and sodomy charges in the indictment were rendered duplicitous by victim's testimony and we decline to review defendant's claim in the interest of justice. Were we to review the claim, we would find that the court's charge ensured that the rape counts were not duplicitous and that defendant had pretrial notice of the multiple acts of sodomy, as alleged in the indictment, to prepare an adequate defense.
Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.