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PEOPLE v. MARTINEZ

239 A.D.2d 205 (1997)

658 N.Y.S.2d 6

The People of the State of New York, Respondent, v. Gerald Martinez, Also Known as Genaro Geraldino, Appellant

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

May 13, 1997

Defendant's claim that the court erred in excusing a prospective juror is unpreserved for appellate review since defense counsel made no objection to the juror's excusal (People v Hopkins, 76 N.Y.2d 872, 873). Were we to review the claim in the interest of justice, we would find that the court properly exercised its discretion in excusing the prospective juror during the pre-voir dire screening (see, People v Velasco

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