People v. Malave

—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 21, 1995, convicting defendant, after a jury trial, of murder in the second degree, criminal possession of a weapon in the second degree and criminal impersonation in the first degree, and sentencing him to concurrent terms of 25 years to life and 5 to 15 years, consecutive to a term of lVs to 4 years, unanimously affirmed.

The court properly exercised its discretion in declining to replace a sworn juror based on her innocuous encounter with an Assistant District Attorney having no connection to this prosecution, whom the juror recognized as a college friend. The juror had been unaware that her friend had joined the District Attorney’s office, and assured the court that the encounter would not affect her impartiality (see, People v Provenzano, 50 NY2d 420 ; People v Rodriguez, 242 AD2d 475 , lv denied 91 NY2d 879 ).

On the existing record, viewed in totality, we conclude that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708 , 713-714; see also, People v Sullivan, 153 AD2d 223 , lv denied 75 NY2d 925 ). There is no indication that counsel’s style of trying the case prevented defendant from receiving a fair trial.

Defendant’s claim under Brady v Maryland ( 373 US 83 ) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that it rests on speculation (see, People v McKee, 269 AD2d 225 ; People v Parkinson, 268 AD2d 792 ; People v Serrando, 184 AD2d 1094 , lv denied 80 NY2d 837 ).

We perceive no abuse of sentencing discretion. Concur — Sullivan, P. J., Nardelli, Tom, Mazzarelli and Wallach, JJ.