Opinion
2012-07-5
The PEOPLE, etc., respondent, v. Charles KENRICK, also known as Kenrick Charles, appellant.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Melissa J. Feldman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Melissa J. Feldman of counsel), for respondent.
*345Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered October 24, 2008, convicting him of robbery in the second degree (two counts), criminal possession of stolen property in the fifth degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that he was deprived of his statutory right to exercise peremptory challenges because the trial court seated a prospective juror whom his counsel had sought to exclude. The defendant's argument was waived when, before the jury was sworn, the defendant conceded, without reservation or qualification, that he considered the jury panel to be satisfactory ( see People v. Phillip, 215 A.D.2d 598, 626 N.Y.S.2d 848;see also People v. Mattina, 287 A.D.2d 468, 730 N.Y.S.2d 868).