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People v. Schenck

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 453 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Supreme Court, Queens County (Calabretta, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's replacement of a sworn juror with an alternate juror is unpreserved for appellate review because the defendant failed to object to the juror's replacement at a time when the trial court could correct the claimed error (see, CPL 470.05; cf., People v. Battle, 167 A.D.2d 190), and we decline to address the issue in the exercise of our interest of justice jurisdiction.

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Lawrence, J.P., O'Brien, Joy and Altman, JJ., concur.


Summaries of

People v. Schenck

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 453 (N.Y. App. Div. 1994)
Case details for

People v. Schenck

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN SCHENCK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1994

Citations

209 A.D.2d 453 (N.Y. App. Div. 1994)
619 N.Y.S.2d 580

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