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PEOPLE v. COX

Appellate Division of the Supreme Court of New York, First Department.
Sep 30, 1997

Since defendant failed to advance the claims he now makes before the trial court ( see, Purkett v. Elem, 514 U.S. 765), his claims are unpreserved for appellate review (see, People v Rivera, 225 A.D.2d 392, 393, lv denied 88 N.Y.2d 969). The trial court properly concluded that the race-neutral reasons offered by the prosecutor for the peremptory challenges in question were nonpretextual, in that they were based upon bona fide concerns as to residence, demeanor, and occupation ( see, People v. Wint, 237 A.D.2d 195, lv denied 89 N.Y.2d 1103). The court's findings in this regard are entitled to great deference ( People v. Hernandez, 75 N.Y.2d 350, aff'd 500 U.S. 352).

Concur — Murphy, P.J., Milonas, Wallach, Rubin and Mazzarelli, JJ.