Majority
p. 1144The People of the State of New York, Respondent, v Gary Eady, Appellant. [600 NYS2d 654]
Judgment unanimously affirmed. Memorandum: Defendant’s contention that the trial court improperly substituted and dismissed a juror is not preserved for our review because defendant failed to object "at a time when the trial court could correct the claimed error” (People v Hopkins, 76 NY2d 872 , 873; see also, People v Besana, 186 AD2d 1009 , lv denied 80 NY2d 1025 ; People v Burns, 118 AD2d 864 , 865). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Burglary, 3rd Degree.) Present—Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.
Cases cited
- People v. Hopkins 76 NY2d 872 at 873 p. 1144
- People v. Burns 118 AD2d 864 at 865 p. 1144