Opinion
Argued September 10, 2001.
October 1, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered September 3, 1998, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Kristen Marcelle of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., DANIEL F. LUCIANO, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
During the first round of jury selection, the defense attorney claimed that he made a mistake when he exercised a peremptory challenge against prospective juror number 10 instead of prospective juror number 11. On appeal, the defendant contends that the trial court committed reversible error in denying his attorney's request to correct his mistake by exercising a belated peremptory challenge to the unsworn prospective juror. The record indicates, however, that the attorney waived any objection that he may have had to the impaneled jury (see, People v. Mancuso, 22 N.Y.2d 679, cert denied 393 U.S. 946; People v. Lebron, 236 A.D.2d 423; People v. Isaac, 212 A.D.2d 635).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
O'BRIEN, J.P., LUCIANO, SMITH and CRANE, JJ., concur.