People v. Garay

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 23, 2010, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him to time served, unanimously affirmed.

Defendant’s constitutional challenges to his attorney’s momentary absence from a brief discussion (characterized by defendant on appeal as a “hearing”) about whether to replace an ill juror are unpreserved (see People v Narayan, 54 NY2d 106, 112-113 [1981]), and we decline to review them in the interest of justice. Unlike the situation in…