PEOPLE v. SALINAS (2004)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered May 25, 2001, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to rule on the prosecutor's proffered explanations for challenging three potential jurors in response to the defendant's Batson application (see Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69) is unpreserved for appellate review (see People v. Montalvo, 293 A.D.2d 380, 740 N.Y.S.2d 609).   In any event, the record supports the court's implicit finding that the prosecutor's reasons were not pretextual (see People v. Montalvo, supra;  People v. Turner, 294 A.D.2d 192, 743 N.Y.S.2d 78).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions are unpreserved for appellate review (see People v. James, 99 N.Y.2d 264, 755 N.Y.S.2d 43, 784 N.E.2d 1152;  People v. Basora, 75 N.Y.2d 992, 557 N.Y.S.2d 263, 556 N.E.2d 1070;  People v. Manley, 293 A.D.2d 628, 740 N.Y.S.2d 244).