People v. Maldonado — 237 A.D.2d 463

Majority

p. 463

The People of the State of New York, Respondent, v Enrique Maldonado, Appellant.

[655 NYS2d 541]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered May 2, 1995, convicting him of attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his present claim that the court’s response to a juror’s oral inquiry

p. 464

was inaccurate and prejudicial, since he failed to raise to the trial court the specific ground he now raises on this appeal (see, CPL 470.05 [2]; People v Balls, 69 NY2d 641 , 642; see also, People v Stewart, 81 NY2d 877 , 878-879; cf., People v DeRosario, 81 NY2d 801 , 803). In any event, the trial court’s response to the juror’s oral inquiry does not warrant reversal as the defendant was not prejudiced thereby (see, People v Agosto, 73 NY2d 963 , 967; People v Austin, 199 AD2d 325 , 326; People v Beckham, 174 AD2d 748 , 750; People v Nevins, 178 AD2d 107 , 108).

Contrary to the defendant’s contention, the court did not err in dismissing, sua sponte, a prospective juror who was having great difficulty understanding the court’s questions (see, People v Vargas, 88 NY2d 363 , 379; People v Mitchell, 224 AD2d 316 ; People v Scruggs, 201 AD2d 514 , 515; see also, People v Decker, 157 NY 186 ,190-191; People v Torres, 164 AD2d 923 , 924; People v Little, 57 Misc 2d 1059 , 1061).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Miller, Ritter and Copertino, JJ., concur.

Cases cited

People v. Balls 69 NY2d 641 N.Y. 1986-12-16 at 642 p. 464
People v. Stewart 81 NY2d 877 N.Y. 1993-03-30 at 878-879 p. 464
People v. DeRosario 81 NY2d 801 N.Y. 1993-02-11 at 803 p. 464
People v. Agosto 73 NY2d 963 N.Y. 1989-03-30 at 967 p. 464
People v. Austin 199 AD2d 325 N.Y. App. Div. 1993-12-13 at 326 p. 464
People v. Nevins 178 AD2d 107 N.Y. App. Div. 1991-12-03 at 108 p. 464
People v. Vargas 88 NY2d 363 N.Y. 1996-06-13 at 379 p. 464
People v. Scruggs 201 AD2d 514 N.Y. App. Div. 1994-02-07 at 515 p. 464
People v. Decker 157 NY 186 N.Y. 1898-11-22 at 190-191 p. 464
People v. Torres 164 AD2d 923 N.Y. App. Div. 1990-08-20 at 924 p. 464
People v. Little 57 Misc 2d 1059 Allegany Cty. Ct. 1968-10-15 at 1061 p. 464