Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Juan Chiriboga, Appellant
248 A.D.2d 629669 N.Y.S.2d 935·New York Supreme Court, Appellate Division·1998·NY
Rosenblatt, J. P., Sullivan, Santucci and Goldstein, JJ., concur.
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Opinion
The People of the State of New York, Respondent, v Juan Chiriboga, Appellant.
[669 NYS2d 935]
[MAJORITY]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered November 28, 1994, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the prosecutor improperly exercised peremptory challenges to exclude women from the jury (see, Batson v Kentucky, 476 US 79) is unpreserved for appellate review (see, People v Smith, 81 NY2d 875; People v Cruz, 200 AD2d 581; People v Dyce, 196 AD2d 506), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
Rosenblatt, J. P., Sullivan, Santucci and Goldstein, JJ., concur.