Opinion
November 16, 1998
Appeal from the Supreme Court, Queens County (Roman, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor employed a peremptory challenge during jury selection in a racially discriminatory manner ( see, Batson v. Kentucky, 476 U.S. 79) is unpreserved for appellate review inasmuch as the defendant failed to raise the claim he now makes on appeal ( see, People v. Allen, 86 N.Y.2d 101). In any event, the claim is without merit. The prosecutor's reason, i.e., that the juror would not be able to follow testimony and evaluate the evidence in the case based on the juror's response to her hypothetical question was race-neutral, the prosecutor actually questioned the challenged juror, asked the same question of all the other jurors, and her reason was based on "hard data" ( People v. Richie, 217 A.D.2d 84, 89) The trial court correctly determined that the defendant failed to meet his burden of demonstrating that the disputed challenge was the product of purposeful discrimination ( see, Purkett v. Elem, 514 U.S. 765; People v. Payne, 88 N.Y.2d 172).
Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.