Spain, J.
Following a trial, a jury convicted defendant of robbery in the third degree for a January 2001 shoplifting incident at a supermarket in the Town of East Greenbush, Rensselaer County. Sentenced as a second felony offender to a term of 3½ to 7 years in prison, defendant appeals.
Initially, having been raised for the first time on appeal, defendant's equal protection contention premised upon Batson v Kentucky (
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