Defendant's claim that the court should have instructed the jury on evidence of flight is unpreserved, and should not be reviewed in the interest of justice where the evidence was minimal and defendant's failure to request the instruction can only be viewed as a tactical decision ( see, People v. Reid, 165 A.D.2d 776, lv denied 76 N.Y.2d 990). Defendant's other claim that the court's discharge of a sworn juror was made without adequate inquiry into the juror's unavailability was raised and rejected in the codefendant's appeal ( People v. Sparrow, 220 A.D.2d 321), and we see no reason to depart from that ruling.
Concur — Ellerin, J.P., Kupferman, Ross and Williams, JJ.