People v. Schenck
Appellate Division of the Supreme Court of the State of New York
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
- People v. BattleAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- People v. LausaneAppellate Division of the Supreme Court of the State of New York · 2005
- People v. PhillipAppellate Division of the Supreme Court of the State of New York · 1995
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2001