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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON JACOBS, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

The defendant contends that the trial court committed reversible error in connection with the jury selection proceedings and the replacement, during trial, of one juror with an alternate juror. The defendant has failed to preserve for appellate review the latter claim of error ( see, People v Hopkins, 76 N.Y.2d 872, 873; People v Simmons, 188 A.D.2d 668, 669), and we discern no basis for reversal with respect to either claim of error ( see, People v Miranda, 223 A.D.2d 728 [decided herewith]).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Altman, Hart and Goldstein, JJ., concur.

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PEOPLE v. JACOBS
(Jan 29, 1996)