Opinion
June 22, 1999.
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
The court's rulings pursuant to Batson v. Kentucky ( 476 U.S. 79) are supported by the record. We agree with the court's finding of a prima facie case of discrimination with respect to peremptory challenges by the defense, and, in any event, this issue became moot when the court directed that defense counsel give race-neutral explanations for the challenges ( People v. Payne, 88 N.Y.2d 172, 182). The record also supports the court's rejection, as pretextual, of counsel's explanation for the challenges at issue, a finding that is entitled to great deference ( see, People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352). Defendant's claims that the court improperly combined steps two and three of the Batson procedure and improperly acted sua sponte are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
The prosecutor properly cross-examined defendant's witness about her failure to come forward to the police and prosecutor with exculpatory evidence. We find that the prosecutor laid a proper foundation for such inquiry ( see, People v. Dawson, 50 N.Y.2d 311).
Concur — Sullivan, J. P., Mazzarelli, Lerner, Rubin and Saxe, JJ.