It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10 [3]) and burglary in the first degree (§ 140.30 [2]), defendant contends, inter alia, that the prosecutor's response to a Batson challenge was pretextual. Because defendant "failed to articulate to [Supreme Court] ...
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