People v Miller

2013 NY Slip Op 08463 [112 AD3d 856]

December 18, 2013

Appellate Division, Second Department

As corrected through Wednesday, January 29, 2014

The People of the State of New York,Respondent, v Patrick Miller, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J.Twersky, and Katherine C. Reilly of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J.Goldberg, J.), rendered April 26, 2010, convicting him of criminal possession of aweapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's claims that the Supreme Court erred in excusing potential jurorsbased on their personal hardship and deprived him of his right to a public trial areunpreserved for appellate review (see CPL 470.05 [2]; People v George, 79 AD3d1148 [2010]; People vCasanova, 62 AD3d 88, 92 [2009]; People v Toussaint, 40 AD3d 1017, 1017-1018 [2007]; People v Vatansever, 5 AD3d406, 407 [2004]; cf. People v Alvarez, 20 NY3d 75 [2012]), and we decline toreview them in the exercise of our interest of justice jurisdiction. Balkin, J.P., Lott,Austin and Miller, JJ., concur.