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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY HOLMAN, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to object to the reasons proffered by the prosecutor for peremptorily challenging three prospective black jurors. Thus, the defendant has failed to preserve for appellate review his contention that those reasons were pretextual (see, CPL 470.05; People v. Cruz, 200 A.D.2d 581; People v. Bowman, 185 A.D.2d 891). In any event, we find no basis in the record for disturbing the trial court's determination that the reasons proffered by the prosecutor were racially neutral (see, Batson v Kentucky, 476 U.S. 79; People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352; People v. Smith, 192 A.D.2d 628).

The sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit. Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.

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PEOPLE v. HOLMAN
(Jun 19, 1995)