Court of Appeals for the Second Circuit May 1, 1996, 192, Docket 95-2036 (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.