| People v Lugo |
| 2010 NY Slip Op 00177 [69 AD3d 654] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Santiago Lugo, Appellant. |
—[*1]
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 thefirst 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 toprovide race-neutral explanations for their peremptory challenges to certain jurors during earlierrounds of voir dire, after the court ruled in the fourth round that a prima facie case ofdiscrimination was established (see Batson v Kentucky, 476 US 79 [1986]). However,this contention is unpreserved for appellate review, as defense counsel never requestedexplanations 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 NY2d 264, 271-272 [2002]; People v Patterson, 40 AD3d 659 [2007]; People v Figueroa,276 AD2d 561 [2000]; People v Hernandez, 266 AD2d 311 [1999]; People vCaston, 239 AD2d 355 [1997]; People v Font, 223 AD2d 600 [1996]).
Contrary to the defendant's contention, he was not denied the effective assistance of counsel(see People v Stultz, 2 NY3d277 [2004]; People v Baldi, 54 NY2d 137, 147 [1981]; cf. People v Turner, 5 NY3d 476,480 [2005]). Dillon, J.P., Florio, Hall and Sgroi, JJ., concur.