Opinion
February 23, 1993
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 24, 1989, after a jury trial, convicting defendant Galarza of conspiracy in the second degree, 2 counts of criminal sale of a controlled substance in the first degree, 4 counts of criminal sale of a controlled substance in the third degree, criminal sale of marijuana in the fourth degree, and criminally using drug paraphernalia in the second degree, and sentencing him to concurrent terms of 8 1/3 to 25 years, 20 years to life (2 terms), 8 1/3 to 25 years (4 terms), 6 months, and 6 months, respectively, unanimously affirmed.
To the extent that either defendant has preserved a record of the jury selection voir dire, we agree with the trial court that the prosecutor provided racially neutral reasons for the exercise of peremptory challenges (People v Hernandez, 75 N.Y.2d 350, 356) as to each strike at issue.
Nor did the court err in discharging a sworn juror pursuant to CPL 270.35 on the ground that the juror, who had already failed to comply with the court's admonishment to appear on time for the proceedings, committed perjury in his explanation for an unexcused absence (compare, People v Landskroner, 91 A.D.2d 755, with People v Gallina, 137 A.D.2d 617, lv denied 71 N.Y.2d 1027; see also, People v Fox, 172 A.D.2d 218, 219-220, lv denied 78 N.Y.2d 966). Defendant LaFontaine's contention that the seizures of physical evidence from his mailbox expanded beyond the search warrant is without merit, since the mailbox was appurtenant to the specified premises (see, United States v Ross, 456 U.S. 798, 820-821; People v Nieves, 36 N.Y.2d 396, 401).
We have considered defendants' remaining contentions and, to the extent preserved, find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.