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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN SCHENCK, Appellant.

Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's replacement of a sworn juror with an alternate juror is unpreserved for appellate review because the defendant failed to object to the juror's replacement at a time when the trial court could correct the claimed error (see, CPL 470.05; cf., People v. Battle, 167 A.D.2d 190), and we decline to address the issue in the exercise of our interest of justice jurisdiction.

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Lawrence, J.P., O'Brien, Joy and Altman, JJ., concur.

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PEOPLE v. SCHENCK
(Nov 7, 1994)