People v Jacobs
2008 NY Slip Op 07152 [54 AD3d 969]
September 23, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2008


The People of the State of New York, Respondent,
v
Henry Jacobs, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered June 6, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his Batson challenge (see Batson v Kentucky, 476 US 79 [1986]) because the prosecutor's explanation for exercising a peremptory challenge with respect to a male juror was a pretext for gender discrimination. However, since the defendant raised no objection to the prosecutor's explanation for challenging that juror, his contention is unpreserved for appellate review (see People v James, 99 NY2d 264, 272 [2002]; People v Thompson, 34 AD3d 852, 853 [2006]; People v Harris, 294 AD2d 375 [2002]; People v Sumpter, 286 AD2d 450, 452 [2001]; People v Santiago, 272 AD2d 418 [2000]).

In any event, the defendant's challenge was properly denied because he failed to satisfy his burden of demonstrating, under the third prong of the Batson analysis, that the facially gender-neutral explanation given by the prosecutor for challenging the male juror was a pretext for gender discrimination (see People v Payne, 88 NY2d 172, 181-183 [1996]; People v Allen, 86 NY2d 101, 111 [1995]; People v Thompson, 34 AD3d at 853; People v Sumpter, 286 AD2d at 452; People v Sedney, 254 AD2d 376 [1998]). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.