The People, etc., respondent, v. Santiago Lugo, appellant. (2010)

Submitted-December 8, 2009

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered June 18, 2007, convicting him of rape in the first degree and sexual abuse in the first degree (four counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the Supreme Court erroneously failed to require the People to provide race-neutral explanations for their peremptory challenges to certain jurors during earlier rounds of voir dire, after the court ruled in the fourth round that a prima facie case of discrimination was established (see Batson v. Kentucky, 476 U.S. 79).   However, this contention is unpreserved for appellate review, as defense counsel never requested explanations for the challenges exercised during the first and third rounds after the court found, during the fourth round, that the prima facie case was established (see CPL 470.05[2];  People v. James, 99 N.Y.2d 264, 271-272;  People v. Patterson, 40 AD3d 659;  People v. Figueroa, 276 A.D.2d 561;  People v. Hernandez, 266 A.D.2d 311;  People v. Caston, 239 A.D.2d 355;  People v. Font, 223 A.D.2d 600).

Contrary to the defendant's contention, he was not denied the effective assistance of counsel (see People v. Stultz, 2 NY3d 277;  People v. Baldi, 54 N.Y.2d 137, 147;  cf.  People v. Turner, 5 NY3d 476, 480).

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court