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PEOPLE v. McGEE
Appellate Division of the Supreme Court of New York, Second Department.
Jul 3, 1989
Ordered that the judgment is affirmed.
Neither the defendant's claim that he was deprived of a fair trial by certain of the prosecutor's remarks on summation, nor his challenge to the trial court's replacement of two jurors with alternates, are preserved for appellate review (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818; People v Fernandez, 137 A.D.2d 709; People v Burns, 118 A.D.2d 864), and we decline to address them in the exercise of our interest of justice jurisdiction. Bracken, J.P., Rubin, Spatt and Sullivan, JJ., concur.
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