People v. Garcia

—Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered November 29, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant’s claim that the court violated CPL 270.15 (3) when it continued with voir dire in the absence of the first seven sworn jurors is unpreserved for appellate review as a matter of law since counsel’s request to return the jurors to the courtroom was untimely (see, People v Graham, 207 AD2d 721, lv denied 84 NY2d 907; cf.,…