People v. White

224 A.D.2d 206, 638 N.Y.S.2d 296, 1996 N.Y. App. Div. LEXIS 954

Opinion

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered April 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 81/s to 25 years, unanimously affirmed.

Defendant failed to preserve his claim of intentional discrimination by the prosecutor since he failed to challenge the prosecutor’s explanations for rejecting a male African-American panelist (see, People v Allen, 86 NY2d 101, 110-111). Moreover, we find that the prosecutor’s explanation was not pretextual (People v Gonzalez, 212 AD2d 436, Lv denied 85 NY2d 938; People v Manigo, 165 AD2d 660).

Defendant’s sentence was not excessive in view of the brutality of the crime. Concur — Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.