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PEOPLE v. GARAY

9793, 3618N/08, 1153/08.

107 A.D.3d 580 (2013)

967 N.Y.S.2d 378

2013 NY Slip Op 4719

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNY GARAY, Appellant.

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

Decided June 20, 2013.

Defendant's constitutional challenges to his attorney's momentary absence from a brief discussion (characterized by defendant on appeal as a "hearing") about whether to replace an ill juror are unpreserved (see People v Narayan, 54 N.Y.2d 106, 112-113 [1981]), and we decline to review them in the interest of justice. Unlike the situation in People v Strothers (87 A.D.3d 431

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