Opinion
July 29, 1996
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
In making a Batson challenge, the defense must "articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection was raised and discussed" (People v. Childress, 81 N.Y.2d 263, 268; People v. Stokes, 216 A.D.2d 337, 338). The defense failed to challenge the People's exercise of peremptory challenges, and thus, failed to meet its initial burden of establishing a prima facie case of unlawful discrimination based upon race (see, Batson v. Kentucky, 476 U.S. 79).
The trial court properly refused to issue a justification charge in connection with the defendant's use of force against the police officers while resisting arrest. The plainclothes officer identified himself as a police officer when he began struggling with the defendant for control of a pistol, and the defendant's own witnesses indicated that they realized that he was a police officer because he carried a police radio, produced handcuffs, and told them to call his partner. Accordingly, no reasonable view of the evidence supported the defendant's claim that he was justified in using physical force to repel the attacks of alleged unidentified assailants, and the defendant was not authorized to use physical force to resist his arrest (see, Penal Law § 35.27; People v. Angus, 192 A.D.2d 665).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.