Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant's motion to suppress his oral and written statements. Defendant voluntarily made those statements after knowingly and intelligently executing a waiver of his rights. Defendant's contention that he was taken into custody without probable cause was not raised at Supreme Court and is, therefore, unpreserved (see, CPL 470.05; People v Vasquez, 66 N.Y.2d 968, 970, cert denied 475 U.S. 1109; People v Martin, 50 N.Y.2d 1029, 1031; People v. Tutt, 38 N.Y.2d 1011, 1013). Moreover, the proof at the Huntley hearing established that defendant had willingly gone to the police station as the complainant in an unrelated incident.
Defendant's contention that the trial court should have declared a mistrial, sua sponte, when the prosecutor failed to justify a peremptory challenge with a race neutral explanation (see, Batson v. Kentucky, 476 U.S. 79) is without merit. Upon the prosecutor's failure to provide a race neutral explanation, the trial court properly denied the challenge and ordered the juror seated (see, People v. Bolling, 79 N.Y.2d 317, 325; People v Kern, 75 N.Y.2d 638, 657-658, cert denied 498 U.S. 824).
We have examined defendant's other contentions and find them to be without merit.