Majority
p. 1043The People of the State of New York, Respondent, v Javier Luciano, Appellant.
Judgment unanimously affirmed. Memorandum: Defendant failed to submit a written challenge to the jury panel prior to jury selection and thus waived his present claim of discrimination (CPL 270.10 [2]; see, People v Consolazio, 40 NY2d 446 , 455; People v Parker, 125 AD2d 504 ). (Appeal from judgment of Supreme
p. 1044
Court, Erie County, Marshall, J. — sexual abuse, first degree; sexual abuse, second degree.) Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.
Cases cited
- People v. Consolazio 40 NY2d 446 at 455 p. 1043
- People v. Parker 125 AD2d 504 p. 1043