Opinion
April 18, 1996
Appeal from the Supreme Court, New York County, Herbert Altman, J., Ira Beal, J.
Defendant's claim that the evidence was insufficient to establish that defendant displayed what appeared to be a firearm during the commission of the robbery (Penal Law § 160.15; see, People v. Lopez, 73 N.Y.2d 214) is unpreserved for appellate review as a matter of law and we decline to review the issue in the interest of justice.
Contrary to defendant's contention, he was not deprived of his right to an impartial jury and the jury was not deprived of its right to privacy by the court's policy declining to conduct sidebar conferences during voir dire ( People v. Ayala, 223 A.D.2d 432; People v. Cooper, 220 A.D.2d 234).
The trial court's conclusion that the reasons proffered by the prosecutor for the exercise of his peremptory challenges to two prospective African-American jurors were nonpretextual is supported by the record, since the reasons were racially neutral, reasonably specific and trial related ( People v. Allen, 86 N.Y.2d 101, 110; see, People v. Alston, 222 A.D.2d 294).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Wallach, Kupferman, Ross and Williams, JJ.