Defendant's application pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. Batson held that a prosecutor's use of preemptory challenges cannot be based "solely on account of [potential jurors'] race or on the assumption that black jurors as a group will be unable impartially to consider the state's case against a black defendant." (id. at 88). There is no proof in this record that the prosecutor used race as a criterion for the exercise of peremptory challenges. Defendant did not substantiate his charge of discrimination (People v. Jenkins, 84 N.Y.2d 1001, 1002-1003).
Further, appellate review of Batson objections requires preservation as mandated by CPL 470.05(2) (People v. Jones, 284 A.D.2d 46, 728 N.Y.S.2d 417), and here, there was none.
Also, a rejection of the claim that use of a preemptory challenge was pretextual is entitled to great deference (People v. Reyes, 274 A.D.2d 323,lv denied 95 N.Y.2d 870).
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.