Opinion
November 20, 2001.
Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered April 12, 1999, convicting defendant, after a jury trial, of two counts of rape in the third degree, and sentencing him, as a second felony offender, to consecutive terms of 2 to 4 years, unanimously affirmed.
Carol A. Remer-Smith, for respondent.
John Gemmill Pro Se, for defendant-appellant.
Before: Tom, J.P., Andrias, Lerner, Saxe, Buckley, JJ.
The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. Defendant's acquittal of certain other charges does not warrant a different conclusion (see, People v. Rayam, 94 N.Y.2d 557).
Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. Since defense counsel did not object to the prosecutor's explanations for his challenge to the prospective juror in question, the issue has not been preserved for appellate review (see,People v. Allen, 86 N.Y.2d 101), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's determination that the demeanor-based reasons proffered by the prosecutor were nonpretextual is supported by the record and is entitled to great deference on appeal, particularly since the court employed its unique opportunity to observe the prospective juror's demeanor (see,People v. Barnes, 261 A.D.2d 281, lv denied 93 N.Y.2d 1014).
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.