Opinion
December 31, 1997
Present — Denman, P.J., Lawton, Hayes, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in refusing to discharge for cause a prospective juror who was related to two members of a local law enforcement agency. We disagree. That prospective juror expressed in unequivocal terms her ability to render a fair and impartial verdict based upon the evidence presented at trial ( see, People v. Blyden, 55 N.Y.2d 73, 77-78).
The jury's verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant failed to preserve for our review his challenge to the court's alibi charge ( see, CPL 470.05; People v. Bloom, 241 A.D.2d 975). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, People v. Bloom, supra). (Appeal from Judgment of Supreme Court, Monroe County, Sheridan, J. — Burglary, 3rd Degree.)