People v. Eady

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY EADY, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 28, 1993

193 A.D.2d 1144 (N.Y. App. Div. 1993)

600 N.Y.S.2d 654

Opinion

May 28, 1993

Appeal from the Supreme Court, Monroe County, Mark, J.

Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.

Judgment unanimously affirmed. Memorandum: Defendant's contention that the trial court improperly substituted and dismissed a juror is not preserved for our review because defendant failed to object "at a time when the trial court could correct the claimed error" (People v Hopkins, 76 N.Y.2d 872, 873; see also, People v Besana, 186 A.D.2d 1009, lv denied 80 N.Y.2d 1025; People v Burns, 118 A.D.2d 864, 865).