Opinion
October 14, 1997
Appeal from the Supreme Court, Kings County (J. Goldberg, J.),
Ordered that the judgment is affirmed.
The court correctly found that the explanations proffered by the defendant for excluding two potential white jurors were pretextual and in violation of Batson v. Kentucky ( 476 U.S. 79) ( see, Purkett v. Elem, 514 U.S. 765; People v. Payne, 88 N.Y.2d 172; People v. Allen, 86 N.Y.2d 101).
The defendant's contention that the court's charge erroneously conveyed the reasonable doubt standard is unpreserved for appellate review ( see, CPL 470.05; People v. Jones, 55 N.Y.2d 771, 773; People v. Wynn, 200 A.D.2d 645, 646; People v. Burney, 192 A.D.2d 543), and, in any event, without merit ( see, 1 CJI[NY] 6.20, at 249; People v. Cubino, 88 N.Y.2d 998).
Miller, J.P., O'Brien, Santucci and Altman, JJ., concur.