Opinion
March 30, 1998
Appeal from the Supreme Court, Queens County (Flug, J.).
Ordered that the judgment is affirmed.
The People's failure to disclose the Grand Jury testimony of a witness, which was claimed to be Brady material ( see, Brady v. Maryland, 373 U.S. 83), prior to jury selection does not warrant reversal, since the material was disclosed "in time for the defense to use it effectively" ( People v. White, 178 A.D.2d 674, 675), and the trial court mitigated any possible prejudice resulting from the delay ( see, People v. Rivas, 214 A.D.2d 996; cf., People v. Roberts, 203 A.D.2d 600).
The defendant failed to establish a violation of his rights under Batson v. Kentucky ( 476 U.S. 79) ( see, People v. Allen, 86 N.Y.2d 101). For each of the three black male jurors peremptorily challenged by the People and not seated as jurors, there are facially race-neutral reasons for the challenges apparent in the record. The defendant failed to articulate any basis for his claim of pretext.
The defendant's contention that the verdict is repugnant is unpreserved for appellate review ( see, People v. Alfaro, 66 N.Y.2d 985 987), and, in any event, is without merit.
Rosenblatt, J. P., Sullivan, Santucci and Goldstein, JJ., concur.