PEOPLE v. ELEY (2006)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Tyron ELEY, appellant.

Decided: December 05, 2006

THOMAS A. ADAMS, J.P., DAVID S. RITTER, STEVEN W. FISHER, and JOSEPH COVELLO, JJ.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered March 9, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the trial court erred in allowing the prosecution to peremptorily challenge a prospective juror after the defendant had indicated his satisfaction with a venire panel and after the defendant had exercised his peremptory challenges to the panel (see CPL 270.15[2]; People v. Morganti, 22 N.Y.2d 679, 291 N.Y.S.2d 370, 238 N.E.2d 757, cert. denied sub nom. Morganti v. New York, 393 U.S. 946, 89 S.Ct. 320, 21 L.Ed.2d 284; People v. Lebron, 236 A.D.2d 423, 653 N.Y.S.2d 615). The defendant's failure to object to the challenge when made, however, waived the rights secured to him under CPL 270.15(2) (see People v. Mancuso, supra; People v. Lebron, supra ).

The defendant's remaining contentions are without merit.

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