People v. Martinez

304 A.D.2d 386, 756 N.Y.S.2d 751, 2003 N.Y. App. Div. LEXIS 3873

Opinion

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered October 5, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

Defendant’s claims pursuant to Batson v Kentucky (476 US 79 [1986]) are unpreserved and we decline to review them in the interest of justice (see People v James, 99 NY2d 264 [2002]). The record establishes that defendant abandoned his request that the People provide race-neutral explanations for the particular peremptory challenges at issue on appeal.

Defendant’s arrest photograph was admitted for relevant purposes (see People v Larry, 178 AD2d 282 [1991], lv denied 79 NY2d 1003 [1992]). Defendant’s remaining contentions concerning this photograph are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.