Opinion
April 15, 1997
Judgment, Supreme Court, Bronx County (George Covington, J.), rendered December 9, 1994, convicting defendant, after a jury trial, of robbery in the first degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second violent felony offender, to concurrent prison terms of 11 to 22 years and 1 year, respectively, unanimously affirmed.
Defendant's waiver of his right to be present during robing room conferences with potential jurors was knowingly, voluntarily and intelligently made ( see, People v. Vargas, 88 N.Y.2d 363, 376), and the court properly exercised its discretion in rejecting defendant's subsequent request to rescind his waiver ( supra, at 377; see also, People v. Charles, 234 A.D.2d 53).
Defendant's claim that in disallowing a defense peremptory challenge, the court failed to make proper Batson findings is unpreserved for review ( People v. Rivera, 225 A.D.2d 392, lv denied 88 N.Y.2d 969), and we decline to review it in the interest of justice. Were we to review it, we would find that the court followed the Batson steps and, upon its assessment of the credibility of defense counsel, properly found that the proffered race neutral reason was pretextual ( see, People v. Fennell, 231 A.D.2d 475).
Concur — Murphy, P.J., Wallach, Mazzarelli and Andrias, JJ.