THE PEOPLE &C., RESPONDENT, v. CARLOS ALAMO HERNANDEZ, APPELLANT.

80 N.Y.2d 872, 600 N.E.2d 230, 587 N.Y.S.2d 599 (1992).
July 7, 1992

1 No. 223 SSM 31
Decided July 7, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Barry Stendig, for Appellant.
Submitted by Allen H. Saperstein, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant's contention that the People exercised their peremptory challenges in a racially discriminatory manner is baseless (see Batson v Kentucky, 476 US 79). The courts below properly concluded that defendant failed to make out a prima facie showing that the prosecution purposefully excluded members of his race from the jury (id. at 96; see People v Bolling, 79 NY2d 317).

We have examined defendant's remaining contentions and find them to be either unpreserved or without merit.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.

THE PEOPLE &C., RESPONDENT, v. CARLOS ALAMO HERNANDEZ, APPELLANT.

80 N.Y.2d 872, 600 N.E.2d 230, 587 N.Y.S.2d 599 (1992). July 7, 1992

80 N.Y.2d 872, 600 N.E.2d 230, 587 N.Y.S.2d 599 (1992).
July 7, 1992