Opinion
2002-01573.
February 7, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered January 18, 2002, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel; Michelle Williams on the brief), for respondent.
Before: Crane, J.P., Goldstein, Lifson and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the trial court failed to adequately address his claim that a juror had slept through the first day of testimony is not preserved for appellate review ( see People v. Hicks, 6 NY3d 737; People v. Gonzalez, 247 AD2d 328, 329). We decline to exercise our interest of justice jurisdiction to address the claim ( see CPL 470.15 [a]).