PEOPLE v. LINLEY (2009)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman, J.), rendered June 14, 2007, convicting him of attempted grand larceny in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's assertion that the trial court erred in denying his Batson challenge (see Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69) is unpreserved for appellate review and, in any event, is without merit.   The prosecutor's race-neutral explanations for using a peremptory challenge against a prospective black juror are supported by the record, and the defendant “failed to carry his ultimate burden of demonstrating discrimination by showing that these reasons were pretextual” (People v. Thompson, 45 A.D.3d 876, 877, 847 N.Y.S.2d 114).

 Additionally, the defendant's contention that the prosecutor made inappropriate remarks during summation is unpreserved for appellate review, as the defendant failed to object during the trial (see People v. Robbins, 48 A.D.3d 711, 711, 850 N.Y.S.2d 912).   In any event, the comments complained of fall within “the broad bounds of rhetorical comment permissible in closing arguments” (People v. Stewart, 51 A.D.3d 826, 827, 859 N.Y.S.2d 663).

The defendant's remaining contention is unpreserved for appellate review (see People v. Tucker, 55 N.Y.2d 1, 9, 447 N.Y.S.2d 132, 431 N.E.2d 617;  People v. Giuca, 58 A.D.3d 750, 871 N.Y.S.2d 709) and, in any event, is without merit (see People v. Canty, 60 N.Y.2d 830, 831-832, 469 N.Y.S.2d 693, 457 N.E.2d 800).