THE PEOPLE &C., RESPONDENT, v. PATRICIA SMITH, A/K/A VANESSA HAYWOOD, APPELLANT.
81 N.Y.2d 875, 613
N.E.2d 539, 597 N.Y.S.2d 633 (1993).
1 No. 139 SSM 9 [1993 N.Y. Int. 60]
March 30, 1993
Decided March 30, 1993
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Susan H. Odessky, for Respondent. MEMORANDUM:
The order of the Appellate Division should be affirmed.
Defendant failed to meet her burden of showing a purposeful discrimination by the prosecution in the exercise of two of its peremptory challenges (see, Batson v Kentucky, 476 US 79; People v Jenkins, 75 NY2d 550; People v Bolling, 79 NY2d 317). To give the trial court a basis to evaluate the claim, a party asserting a claim under Batson should articulate and develop all of the grounds supporting the claim, factual and legal, during the colloquy in which the objection is discussed (People v Childress, __ NY2d __ [Slip opn, at 7, decided 2-23-93]).
The record is silent in this case as to the race or ethnicity of the excluded jurors. At no point during the Batson colloquy did defense counsel state on the record the race of either juror. We reject appellant's argument that, regardless of race, "minorities" in general constitute a cognizable racial group. Batson requires that the jurors excluded be of the same cognizable racial group as the defendant (see, Batson v Kentucky, 476 US 79, supra, at 96; see also, People v Bolling, 79 NY2d 317, supra, at 320).
Finally, defense counsel failed to set forth any facts or circumstances during the Batson colloquy from which the trial court could have inferred a purpose of discrimination. Defendant now argues for the first time that the prosecution's exclusion of the two jurors, who assertedly could have been expected to favor the prosecution based on their backgrounds, indicates a purpose of discrimination. This claim is not preserved.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Hancock and Bellacosa concur. Judge Smith took no part.