Opinion
November 16, 1995
Appeal from the Supreme Court, New York County (Bruce Allen, J.).
Defendant's argument that the People failed to prove his knowledge of the weight of the cocaine in his possession as required by People v Ryan ( 82 N.Y.2d 497) is unpreserved for appellate review as a matter of law. Defendant did not raise this ground by objection or motion in the trial court ( People v Gray, 86 N.Y.2d 10), and we decline to review the issue in the interest of justice.
Defendant failed to establish a prima facie case of purposeful discrimination in the prosecutor's use of peremptory challenges and, thus, it was not necessary for the prosecutor to offer a non-pretextual race-neutral reason for his challenges ( People v Jenkins, 75 N.Y.2d 550, 556, citing Batson v Kentucky, 476 U.S. 79, 96-97).
The court properly discharged a sworn juror, over defense objection, when the juror willfully failed to appear and refused to continue serving. The juror was, therefore "grossly unqualified to serve" and had also "engaged in misconduct of a substantial nature" (CPL 270.35).
Finally, the People provided ample justification for the closure of the courtroom during the testimony of the undercover officer, who, inter alia, continued to work undercover in the same location as defendant's arrest ( People v Martinez, 82 N.Y.2d 436).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.