Opinion
Submitted March 8, 2001.
April 2, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered May 3, 1999, convicting him of assault in the third degree, criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Kelli D. Lofton of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to object to the procedure used by the Supreme Court to dismiss a sworn juror and therefore that issue is unpreserved for appellate review (see, CPL 470.05; see, also, People v. Starks, 248 A.D.2d 1003; People v. Schenck, 209 A.D.2d 453; People v. Ricciardi, 199 A.D.2d 432). The defendant's failure to object deprived this court of a record on which we could exercise intelligent judicial review of his contentions (see, People v. Camacho, 90 N.Y.2d 558; People v. Kinchen, 60 N.Y.2d 772; People v. Thompson, 262 A.D.2d 666). We decline to reach the issue in the exercise of our interest of justice jurisdiction (see, CPL 470.15).