| People v Jacobs |
| 2008 NY Slip Op 07152 [54 AD3d 969] |
| September 23, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v HenryJacobs, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall ofcounsel), 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 criminalpossession 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 Batsonchallenge (see Batson v Kentucky, 476 US 79 [1986]) because the prosecutor'sexplanation for exercising a peremptory challenge with respect to a male juror was a pretext forgender discrimination. However, since the defendant raised no objection to the prosecutor'sexplanation for challenging that juror, his contention is unpreserved for appellate review (seePeople v James, 99 NY2d 264, 272 [2002]; People v Thompson, 34 AD3d 852, 853 [2006]; People vHarris, 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 hisburden of demonstrating, under the third prong of the Batson analysis, that the faciallygender-neutral explanation given by the prosecutor for challenging the male juror was a pretextfor gender discrimination (see People v Payne, 88 NY2d 172, 181-183 [1996]; Peoplev Allen, 86 NY2d 101, 111 [1995]; People v Thompson, 34 AD3d at 853; Peoplev Sumpter, 286 AD2d at 452; People v Sedney, 254 AD2d 376 [1998]). Mastro, J.P.,Dillon, Eng and Belen, JJ., concur.