Opinion
1877
October 16, 2003.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered February 13, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Jeffrey W. Davis, for respondent.
Richard L. Herzfeld, for defendant-appellant.
Before: Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.
The court properly rejected defendant's belated peremptory challenge to a juror who had been sworn the day before (People v. Harris, 57 N.Y.2d 335, 348-350, cert denied 460 U.S. 1047).
The court's charge on the agency defense properly explained the application of the law to the facts of the case, without any unfair marshaling (see People v. Saunders, 64 N.Y.2d 665; People v. Jorge, 181 A.D.2d 441, 442, lv denied 80 N.Y.2d 833).
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203; People v. Walker, 83 N.Y.2d 455, 458-459; People v. Pavao, 59 N.Y.2d 282, 292).
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.