People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered July 26, 1994, convicting him of criminal possession of stolen property in the third degree, unauthorized use of a vehicle in the third degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim of error pursuant to Batson v Kentucky (476 US 79) was never presented to the trial court as specifically based on a combination of race and gender. Thus, the defendant has failed to preserve for appellate review his…