Opinion
August 2, 1993
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
The defendant failed to establish a prima facie case that the prosecutor's peremptory challenges were employed for a discriminating purpose because "minorities" in general do not constitute a cognizable racial group (see, People v Smith, 81 N.Y.2d 875; People v Childress, 81 N.Y.2d 263; Batson v Kentucky, 476 U.S. 79).
The defendant's contentions as to the admissibility of the vials of cocaine which an undercover officer purchased from him and which were found on him pursuant to a search are either unpreserved for appellate review (see, CPL 470.05), or without merit, as the circumstances provided reasonable assurances that the evidence sought to be admitted was the same as was used in the crime and that it was unchanged in form (see, People v Julian, 41 N.Y.2d 340; People v Donovan, 141 A.D.2d 835, 836).
Finally, the defendant's remaining contentions regarding the prosecutor's remarks on summation are either unpreserved for appellate review (see, People v Medina, 53 N.Y.2d 951, 953), or deal with fair comment on the evidence (see, People v Ashwal, 39 N.Y.2d 105), fair response to the defense counsel's summation (see, People v Colon, 122 A.D.2d 150), or harmless error in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230). Sullivan, J.P., Balletta, Ritter and Santucci, JJ., concur.