People v. Wilson

Judgment unanimously affirmed. Memorandum: Although the rule barring the exercise of peremptory challenges to exclude potential jurors on account of race is to be applied retroactively (Griffith v Kentucky, 479 *971US —, 93 L Ed 2d 649), there is no basis in this record to infer that challenges were exercised in that manner. The voir dire was not recorded, a hearing was not conducted on the claim of racial discrimination, and the voir dire cannot be reconstructed because the Trial Judge has since died. Thus, we decline to reach this issue (People v Scott, 115 AD2d 964; People v Cassell, 101 AD2d…