Opinion
November 24, 1997
Appeal from the County Court, Rockland County (Kelly, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the racial composition of the jury panel was waived by his failure to make that challenge in writing to the trial court prior to the commencement of jury selection ( see, CPL 270.10; People v. Prim, 40 N.Y.2d 946; People v. Haye, 154 A.D.2d 392). Even in the absence of this procedural obstacle, however, the defendant's failure to demonstrate that the claimed underrepresentation of blacks and Hispanics was the result of systematic exclusion, i.e., exclusion "inherent in the particular jury-selection process utilized" ( Duren v. Missouri, 439 U.S. 357, 366), would require rejection of his challenge ( see, People v. Guzman, 60 N.Y.2d 403, 411, cert denied 466 U.S. 951; People v. Hobson, 227 A.D.2d 643; People v. Battle, 221 A.D.2d 648).
The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.