PEOPLE v. KNIGHT (2023)

Judgment, Supreme Court, New York County (Michele S. Rodney, J.), rendered June 18, 2019, convicting defendant, after a jury trial, of grand larceny in the second degree, and sentencing her, as a second felony offender, to a term of 31/212 to 7 years, unanimously affirmed.

Defendant's argument that her application pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) should have been granted is unpreserved.  Although defendant took exception to the court's acceptance of the prosecutor's proffered race-neutral explanation for the peremptory challenge, defendant did not articulate any reason for why the explanation was pretextual, including his current claim of disparate treatment by the prosecutor of similarly situated non-Black panelists (see People v. Irvin, 187 A.D.3d 417, 417, 129 N.Y.S.3d 766 [1st Dept. 2020], lv denied 36 N.Y.3d 1051, 140 N.Y.S.3d 887, 164 N.E.3d 974 [2021];  People v. Toliver, 102 A.D.3d 411, 412, 958 N.Y.S.2d 95 [1st Dept. 2013], lv denied 21 N.Y.3d 1011, 971 N.Y.S.2d 262, 993 N.E.2d 1286 [2013]).  The record fails to support defendant's contention that the court had “cut off” defense counsel before counsel could elaborate on the objection.  We decline to review the unpreserved claim in the interest of justice.  As an alternative holding, we find that the record does not support a finding that the prosecutor's proffered explanation was pretextual.