People
v.
Correa

Appellate Division of the Supreme Court of New York, Second DepartmentOct 18, 1999
696 N.Y.S.2d 705 (N.Y. App. Div. 1999)
696 N.Y.S.2d 705265 A.D.2d 488

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Argued September 13, 1999

October 18, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.).


ORDERED that the judgment is affirmed.

The defendant contends that on a reverse-Batson application, the trial court applied the wrong standards in determining that the race-neutral excuses proffered by defense counsel were pretextual (see, Batson v. Kentucky, 476 U.S. 79). That contention is unpreserved for appellate review, as the defendant failed to object on those grounds at a time that the court could have remedied the perceived error (see, CPL 470.05). In any event, the record indicates that the court applied the appropriate legal standards (see, People v. Childress, 81 N.Y.2d 263).

BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.