| People v Viera |
| 2010 NY Slip Op 06190 [75 AD3d 926] |
| July 22, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Richard J. Viera, Jr., Appellant. |
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McCarthy, J. Appeal from a judgment of the County Court of Fulton County (Hoye, J.),rendered April 3, 2009, upon a verdict convicting defendant of the crimes of criminal sale of acontrolled substance in the third degree (two counts), criminal possession of a controlledsubstance in the third degree (two counts) and attempted assault in the second degree.
Defendant was charged with various crimes as a result of his sale of narcotics to aconfidential informant and a subsequent scuffle with police. A jury convicted him of fivecrimes—attempted assault in the second degree and two counts each of criminal sale of acontrolled substance in the third degree and criminal possession of a controlled substance in thethird degree. This appeal ensued.
Defendant's sole contention on appeal is that he was deprived of a fair trial because a sittingjuror should have been removed from the jury as grossly unqualified to serve (see CPL270.35 [1]). This argument is unpreserved for our review because defendant did not object to thescope of County Court's inquiry of the juror after she sent a note to the court (see People v Hicks, 6 NY3d 737,739 [2005]; People v Kelly, 65AD3d 714, 715 [2009], lv denied 13 NY3d 860 [2009]; People v Busreth, 35 AD3d 965,967 [2006], lv denied 8 NY3d 920 [2007]), or request that she be discharged from thejury (see People v Brennan, 290 AD2d 574, 576 [2002], lv denied 97 NY2d 751[2002]). In fact, after the court's inquiry, defense counsel indicated that he had no furtherconcerns regarding this juror. As defendant's sole argument is unpreserved, we [*2]affirm.
Peters, J.P., Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.