Opinion
April 12, 2001.
April 30, 2001.
Kramer Levin Naftalis Frankel, LLP, New York, N.Y. (Ronald W. Adelman and Jeremy Esakoff of counsel), and M. Sue Wycoff, New York, N.Y. (David Crow of counsel), for appellant (one brief filed).
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered February 17, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that he sold two packets of cocaine to an undercover police officer is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's Batson claim (see, Batson v. Kentucky, 476 U.S. 79) is unpreserved for appellate review (see, CPL 470.05). In any event, the defendant failed to establish a prima facie case that the prosecutor's peremptory challenges were employed for discriminatory purposes because "minorities" in general do not constitute a cognizable racial group (see, People v. Smith, 81 N.Y.2d 875; People v. Childress, 81 N.Y.2d 263; Batson v. Kentucky, supra; People v. Stiff, 206 A.D.2d 235, lv denied 85 N.Y.2d 867, cert denied 516 U.S. 832; People v. Matthews, 201 A.D.2d 588; People v. Walker, 196 A.D.2d 516).
The defendant's remaining contention is without merit (see, People v. Rosen, N.Y.2d [Apr. 3, 2001]).