Opinion
2013-12-18
The PEOPLE, etc., respondent, v. Patrick MILLER, appellant.
Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Katherine C. Reilly of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Katherine C. Reilly of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 26, 2010, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claims that the Supreme Court erred in excusing potential jurors based on their personal hardship and deprived him of his right to a public trial are unpreserved for appellate review ( seeCPL 470.05[2]; People v. George, 79 A.D.3d 1148, 913 N.Y.S.2d 569; People v. Casanova, 62 A.D.3d 88, 92, 875 N.Y.S.2d 31; People v. Toussaint, 40 A.D.3d 1017, 1017–1018, 837 N.Y.S.2d 218; People v. Vatansever, 5 A.D.3d 406, 407, 771 N.Y.S.2d 910; cf. People v. Alvarez, 20 N.Y.3d 75, 955 N.Y.S.2d 846, 979 N.E.2d 1173), and we decline to review them in the exercise of our interest of justice jurisdiction. BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.