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PEOPLE v. FELTON

279 A.D.2d 331 (2001)

718 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE FELTON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 16, 2001.

Defendant's claim that the trial court failed to conduct an adequate inquiry to determine whether his consent to the substitution of an alternate juror during deliberations was knowing and voluntary is a claim requiring preservation (People v Johnson, 51 N.Y.2d 986), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that a knowing and voluntary waiver may be inferred...

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