People v Miller

People v Miller 2013 NY Slip Op 08463 Decided on December 18, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 18, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2010-04682
(Ind. No. 8860/07)

[*1]The People of the State of New York, respondent,

v

Patrick Miller, appellant.




Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Sholom J. Twersky, and
Katherine C. Reilly of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 26, 2010, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claims that the Supreme Court erred in excusing potential jurors based on their personal hardship and deprived him of his right to a public trial are unpreserved for appellate review (see CPL 470.05[2]; People v George, 79 AD3d 1148; People v Casanova, 62 AD3d 88, 92; People v Toussaint, 40 AD3d 1017, 1017-1018; People v Vatansever, 5 AD3d 406, 407; cf. People v Alvarez, 20 NY3d 75), and we decline to review them in the exercise of our interest of justice jurisdiction.
BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court