People v. Wallace

Judgment unanimously affirmed. Memorandum: By withdrawing his motion for a new trial on the ground that he was denied the right to a fair and impartial jury, defendant failed to preserve that contention for our review (see, CPL 470.05 [2]). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]).

We reject the further contention of defendant that his request for new counsel was improperly denied. Defendant made an oral application for new counsel during his motion for severance approximately six weeks prior to…