| People v Saunders |
| 2011 NY Slip Op 03637 [83 AD3d 1100] |
| April 26, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Clifford Saunders, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Ellen C. Abbot of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered September 11, 2009, convicting him of criminal possession of aweapon in the third degree (two counts) and operating a motor vehicle without safety belts, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of a fair trial because the Supreme Court failedto conduct an inquiry as to whether certain jurors were grossly unqualified or engaged insubstantial misconduct under CPL 270.35 (1). The defendant allegedly saw, but did not hear, thejurors in question engaged in an argument or discussion on the street after the jury had beenexcused for the day, thus suggesting that they might have discussed the case outside the juryroom. This contention is unpreserved for appellate review (see People v Riley, 79 AD3d911, 912 [2010]; People v Quinones, 41 AD3d 868 [2007]). Although the defendant'sattorney reported the defendant's observations to the court, the defendant did not request that theSupreme Court make an inquiry of the jurors or move to discharge them. Therefore, hedemonstrated a willingness to continue to accept the jurors as triers of fact and, thus, cannot beheard to complain (see CPL 470.05 [2]; People v Riley, 79 AD3d at 912;People v Quinones, 41 AD3d at 868).
In any event, there was no evidence in the record that the jurors were grossly unqualified toserve, engaged in substantial misconduct, or were otherwise unable to render an impartial verdict(see People v Argendorf, 76 AD3d 1100, 1100-1101 [2010]; People v Rivera, 31AD3d 670, 671 [2006]).
The defendant's remaining contention is without merit. Covello, J.P., Angiolillo, Dickersonand Hall, JJ., concur.