Legal Opinion

People v. Schenck

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1994PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered July 12, 1985, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the trial court’s replacement of a sworn juror with an alternate juror is unpreserved for appellate review because the defendant failed to object to the juror’s replacement at a time when the trial court could correct the claimed error (see, CPL 470.05; cf., People v Battle, 167 AD2d 190), and we decline to address the…

2Cases cited1 opinion

  1. People v. BattleAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. People v. LausaneAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. PhillipAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2001

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