People v Kennedy

2004 NYSlipOp 07337

Decided on October 12, 2004

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 12, 2004
APPELLATE DIVISION : SECOND JUDICIAL DEPARMENT
ANITA R. FLORIO, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2002-09866






Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Diane R. Eisner, and Kevin
M. Fumai of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered October 21, 2002, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

After a thorough inquiry, the trial court providently exercised its discretion in denying the defendant's motion for a mistrial on the ground of premature jury deliberations (see People v Simon, 224 AD2d 458; People v Pollard, 150 AD2d 397, 398; People v Castillo, 144 AD2d 376; People v Gordon, 77 AD2d 663). There is no basis upon which to disturb the court's determinations concerning credibility with respect to its individual inquiries of the jurors (see People v Rivera, 304 AD2d 841; People v Jamison, 291 AD2d 298).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
`[*2]
FLORIO, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court