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People v. Gaither

240 A.D.2d 678 Court N.Y. App. Div. Decision date 1997-06-23 English

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p. 678
The People of the State of New York, Respondent, v Ivan Gaither, Appellant.
[659 NYS2d 1014]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barasch, J.), rendered September 15, 1994, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the court erroneously seated a prospective juror after the defendant exercised a peremptory challenge against her was waived when the defendant withdrew his challenge (see, People v Negron, 214 AD2d 588 ).

The defendant’s remaining contentions lack merit. Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.

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