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PEOPLE v. MELENDEZ

269 A.D.2d 292 (2000)

704 N.Y.S.2d 213

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN MELENDEZ, Appellant.

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

Decided February 24, 2000.

Defendant did not preserve his present challenges to the court's ruling made pursuant to Batson v Kentucky (476 U.S. 79), and we decline to review them in the interest of justice. Were we to review these claims, we would find the ruling to be proper. A fair reading of the record as a whole establishes that the court correctly withdrew its preliminary finding of prima facie racial discrimination and declined to rule on the ultimate issue...

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