Opinion
783
April 10, 2003.
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered October 5, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Hae Jin Liu, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.
Defendant's claims pursuant to Batson v. Kentucky ( 476 U.S. 79) are unpreserved and we decline to review them in the interest of justice (see People v. James, 99 N.Y.2d 264). The record establishes that defendant abandoned his request that the People provide race-neutral explanations for the particular peremptory challenges at issue on appeal.
Defendant's arrest photograph was admitted for relevant purposes (see People v. Larry, 178 A.D.2d 282, lv denied 79 N.Y.2d 1003). Defendant's remaining contentions concerning this photograph are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.