People v. Martinez

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 22, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 41/2 to 9 years, unanimously affirmed.

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 NY2d 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, 77 NY2d 469 , 473). Concur—Ellerin, J. P., Wallach, Rubin and Mazzarelli, JJ.