Opinion
November 14, 1999.
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered October 22, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Donald J. Siewert, for respondent.
Jonathan Kirshbaum, for defendant-appellant.
Before: Rosenberger, J.P., Tom, Wallach, Rubin, Saxe, JJ.
Defendant's contention that the court failed to follow the three-step protocol set forth in Batson v. Kentucky ( 476 U.S. 79) is unpreserved for appellate review (People v. De Los Angeles, 270 A.D.2d 196), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record supports the court's determination, unchallenged by defendant at trial, that there was no need to ask the prosecutor to provide race-neutral explanations for the two peremptory challenges at issue, since the reasons for them were obvious.
Defendant has failed to preserve his current claim that the court failed to exercise its discretion in refusing the jury's request for a readback of the parties' summations (People v. Velasco, 77 N.Y.2d 469, 474), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court did exercise its discretion, and did so properly (see, People v. McClary, 197 A.D.2d 640; People v. Santana, 121 A.D.2d 236, lv denied 68 N.Y.2d 773).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.