People v. Barber

Judgment unanimously affirmed. Memorandum: Defendant’s objection to the exercise of peremptory challenges against two prospective black jurors was untimely because the objection was made after all of the jurors, including the alternates, were sworn (see, People v Harris, 151 AD2d 961). Moreover, defense counsel did not move for a mistrial or request any other relief but only "noted” his objection "for whatever purpose that might be used for at some point”. Having failed to move for any relief, defense counsel has not preserved the issue for appellate review. Were we to reach the merits, we…