Opinion
July 29, 1996
Appeal from the Supreme Court, Kings County (J. Goldberg, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of a fair trial on the ground that the prosecutor exercised his peremptory challenges in a racially discriminatory manner. However, the defendant failed to preserve for appellate review his Batson claim with respect to previously excluded jurors since he did not raise the issue at trial (see, People v. Smith, 81 N.Y.2d 875, 876; People v. Thomas, 210 A.D.2d 515). In any event, the defendant's bare assertions that the prosecutor challenged a disproportionate number of African-Americans is "insufficient, without more, to create an inference establishing a prima facie case * * * of discriminatory jury selection" (People v. Jenkins, 84 N.Y.2d 1001, 1003; People v. Childress, 81 N.Y.2d 263, 266).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Dillon, 207 A.D.2d 793; People v. Okehoffurum, 201 A.D.2d 508). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contention is without merit. Mangano, P.J., Rosenblatt, Pizzuto and Hart, JJ., concur.