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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARNOLD LYNN, Appellant.

Defendant's claim that the trial court failed to require the prosecutor to provide racially-neutral explanations for his peremptory challenges of three "black citizen[s]" is unpreserved for appellate review as a matter of law, since other than merely noting the race of the jurors, defense counsel never requested any relief ( see, People v. Smith, 81 N.Y.2d 875; People v. Green, 181 A.D.2d 693, 694, lv denied 79 N.Y.2d 1049). We decline to review the claim in the interest of justice. Were we to review it, we would find the claim to be without merit since the mere existence of a number of strikes against members of a cognizable group is insufficient, without more, to raise an inference of a pattern of discrimination sufficient to establish a prima facie case ( see, People v. Jenkins, 84 N.Y.2d 1001; People v Childress, 81 N.Y.2d 263).

Concur — Sullivan, J.P., Milonas, Ellerin, Rubin and Kupferman, JJ.

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PEOPLE v. LYNN
(Feb 15, 1996)