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PEOPLE v. SMITH

226 A.D.2d 566 (1996)

641 N.Y.S.2d 550

The People of the State of New York, Respondent, v. Tommy Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 15, 1996

Ordered that the judgment is affirmed.

The defendant's claim of error pursuant to Batson v Kentucky (476 U.S. 79) was never presented to the trial court as specifically based on a combination of race and gender. Thus, the defendant has failed to preserve for appellate review his contention that the trial court erred by finding that the defense had not established a prima facie case of discrimination by the prosecution in its...

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