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THE PEOPLE, ETC., RESPONDENT, v. DAVID ALEXANDER, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to object to the procedure used by the Supreme Court to dismiss a sworn juror and therefore that issue is unpreserved for appellate review (see, CPL 470.05; see, also, People v. Starks, 248 A.D.2d 1003; People v. Schenck, 209 A.D.2d 453; People v. Ricciardi, 199 A.D.2d 432). The defendant's failure to object deprived this court of a record on which we could exercise intelligent judicial review of his contentions (see, People v. Camacho, 90 N.Y.2d 558; People v. Kinchen, 60 N.Y.2d 772; People v. Thompson, 262 A.D.2d 666). We decline to reach the issue in the exercise of our interest of justice jurisdiction (see, CPL 470.15).

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PEOPLE v. ALEXANDER
(Apr 2, 2001)