George McCrory v. Robert J. Henderson, Superintendent, Auburn Correctional Facility, Hon. Robert Abrams, Attorney General of the State of New York

LEVAL, Circuit Judge:

This appeal raises the issue whether an objection to the use of peremptory challenges under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is timely if not made until after the conclusion of jury selection. We hold that it is not.

Petitioner George McCrory was convicted after a jury trial in New York State court. McCrory, who is African-American, first objected to the prosecutor’s use of his peremptory challenges to strike black venirepersons three and a half months after jury selection and more than three months after trial. The New York State…