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281 A.D.2d 646

People v. Thomas

Appellate Division of the Supreme Court of the State of New York · decided 2001-03-26

Decided 2001-03-26

¶1—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Klein, J.), rendered March 8, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3To the extent that the argument was preserved for appellate review, the Supreme Court did not err in denying the defendant’s Batson claim as to two of the People’s peremptory challenges (see, Batson v Kentucky, 476 US 79; Purkett v Elem, 514 US 765; Hernandez v New York, 500 US 352, 364-365; People v Payne, 88 NY2d 172).

¶4The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Ritter, Goldstein and Smith, JJ., concur.

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