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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODERICK KEENE, Appellant.

Ordered that the judgment is affirmed.

It is unnecessary for us to reach the issue of whether African-American women constitute a cognizable group for purposes of a Batson challenge (see, Batson v. Kentucky, 476 U.S. 79). Even assuming that African-American women can be considered a separate category, we conclude, on the record before us, that the defendant failed to establish a prima facie case of purposeful discrimination by the prosecution in the exercise of its peremptory challenges (see, People v. Jenkins, 84 N.Y.2d 1001; People v. Bolling, 79 N.Y.2d 317, 325).

The defendant's remaining contentions are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction. Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.

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PEOPLE v. KEENE
(Mar 13, 1995)