| People v Waters |
| 2012 NY Slip Op 00815 [91 AD3d 977] |
| Jnury 31, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Waters, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Gretchen Robinson of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.),rendered January 25, 2010, convicting him of burglary in the second degree, criminal mischief inthe fourth degree, and petit larceny, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's argument that his constitutional right to a jury in whose selection he had avoice was violated when the trial court discharged a juror who had plans to travel in the futurebut was not immediately unavailable (see CPL 270.15 [3]) is unpreserved for appellatereview because he failed to raise this specific argument at trial (see People v Wells, 15 NY3d 927,928 [2010], cert denied 565 US —, 132 S Ct 123 [2011]; People v Person, 8 NY3d 973, 974[2007]; People v Graves, 85 NY2d 1024, 1026-1027 [1995]), and we decline to reach itin the exercise of our interest of justice jurisdiction. Angiolillo, J.P., Florio, Chambers and Hall,JJ., concur.