PEOPLE v. LINLEY

Ordered that the judgment is affirmed.

The defendant's assertion that the trial court erred in denying his Batson challenge ( see Batson v Kentucky, 476 US 79) is unpreserved for appellate review and, in any event, is without merit. The prosecutor's race-neutral explanations for using a peremptory challenge against a prospective black juror are supported by the record, and the defendant "failed to carry his ultimate burden of demonstrating discrimination by showing that these reasons were pretextual" ( People v Thompson, 45 AD3d 876, 877).

Additionally, the defendant's contention that the prosecutor made inappropriate remarks during summation is unpreserved for appellate review, as the defendant failed to object during the trial ( see People v Robbins, 48 AD3d 711). In any event, the comments complained of fall within "the broad bounds of rhetorical comment permissible in closing arguments" ( People v Stewart, 51 AD3d 826, 827).

The defendant's remaining contention is unpreserved for appellate review ( see People v Tucker, 55 NY2d 1, 9; People v Giuca, 58 AD3d 750) and, in any event, is without merit ( see People v Canty, 60 NY2d 830, 831-832).