PEOPLE v. SMITH

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's claim that the prosecutor improperly used peremptory challenges to exclude black jurors is not preserved for appellate review. It is incumbent upon the party asserting a claim under Batson v. Kentucky ( 476 U.S. 79) to articulate and develop all of the grounds supporting the claim, both factual and legal, during the voir dire when the objection is raised and discussed (see, People v. Childress, 81 N.Y.2d 263, 268). Here, none of the Batson arguments raised on the defendant's CPL 330.30 motion were raised during voir dire.

Contrary to the defendant's contention, the jury charge included instructions on how to evaluate the credibility of police witnesses. The defendant's remaining contentions are unpreserved for appellate review, and, in any event, are without merit.

Rosenblatt, J. P., Sullivan, Santucci and Goldstein, JJ., concur.