PEOPLE v. RODRIGUEZ

Defendant's claim that the prosecutor's stated reasons for challenging four prospective jurors were pretextual is unpreserved for appellate review (People v. Rivera, 225 A.D.2d 392, lv denied 88 N.Y.2d 969), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant failed to meet his burden of showing that these reasons were pretextual (see, People v. Allen, 86 N.Y.2d 101).

Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.