PEOPLE v. MONTALVO

Contrary to defendant Fuentes's arguments, his suppression motion was properly denied. The observing officer witnessed conduct bearing the hallmarks of a drug transaction and providing probable cause to arrest (see, People v. Jones, 90 N.Y.2d 835).

We reject Fuentes's challenges to the sufficiency of the evidence against him. There is no basis upon which to disturb the jury's determinations concerning credibility. The evidence warranted the inference that the drugs recovered from the apprehended buyer were purchased from Fuentes (see, People v. Norman, 85 N.Y.2d 609, 620-622). The exhibits were properly received into evidence (see, People v. Julian, 41 N.Y.2d 340).

The court properly denied defendant Montalvo's application made pursuant to Batson v. Kentucky ( 476 U.S. 79). Montalvo's claim that the court failed to rule on the prosecutor's proffered explanations for challenging a particular panelist is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record supports the court's implicit finding that the prosecutor's reasons were not pretextual (see, People v. Carter, 289 A.D.2d 41, 733 N.Y.S.2d 861).

We perceive no basis for a reduction of sentence with respect to defendant Fuentes. However, with regard to defendant Montalvo we find the sentence imposed to be excessive to the extent indicated.

Defendants' remaining contentions 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.