Opinion
October 29, 1990
Appeal from the County Court, Nassau County (Baker, J.).
Ordered that the judgment is affirmed.
The defendant's claim that he was deprived of a fair trial by certain of the prosecutor's summation remarks is unpreserved for review and is, in any event, without merit inasmuch as the challenged comments were fair remarks on the evidence and responsive to the defense counsel's summation.
In light of the defendant's failure to appear at the hearing directed by this court with respect to the prosecutor's exercise of peremptory challenges, we deem his argument that he was deprived of his rights pursuant to Batson v. Kentucky ( 476 U.S. 79) to be abandoned. Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.