Opinion
December 19, 1994
Appeal from the Supreme Court, Queens County (Katz, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court applied the wrong standards in determining that the race neutral excuses proffered by defense counsel were pretextual is unpreserved for appellate review insofar as the defendant failed to object on these grounds at a time that the court could have remedied the perceived error (CPL 470.05). In any event, the record indicates that the court was aware of the current legal standards to be applied in rendering its Batson determination (see, People v Childress, 81 N.Y.2d 263).
The defendant's further contention that he was excluded from a material stage of the trial when counsel exercised their challenges to the jury outside of his presence is without merit. The record indicates that the defendant was present during the voir dire, he had an opportunity to consult with his counsel, and the challenges were given effect in his presence when the accepted jurors were sworn in open court (see, People v Velasco, 77 N.Y.2d 469; see also, People v Kaur, 204 A.D.2d 573; People v Jackson, 202 A.D.2d 518; People v Cohen, 201 A.D.2d 494; People v Williams, 199 A.D.2d 445).
We have considered the defendant's remaining contentions and find them to be without merit. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.