People v. Morant

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered April 28, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The totality of the record indicates that, notwithstanding his belated mistrial motion, defendant waived any claim of error in connection with the court’s ruling permitting the prosecutor to inform the jury panel that the victim’s absence was due to his death from natural causes unrelated to the instant robbery wherein he suffered a heart attack, and we decline to…