PEOPLE v. MARTINEZ

Defendant's claims pursuant to Batson v. Kentucky ( 476 U.S. 79) are unpreserved and we decline to review them in the interest of justice (see People v. James, 99 N.Y.2d 264). The record establishes that defendant abandoned his request that the People provide race-neutral explanations for the particular peremptory challenges at issue on appeal.

Defendant's arrest photograph was admitted for relevant purposes (see People v. Larry, 178 A.D.2d 282, lv denied 79 N.Y.2d 1003). Defendant's remaining contentions concerning this photograph are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.