Opinion
Argued December 7, 1999
January 27, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (LaTorella, J.), rendered June 12, 1997, convicting him of burglary in the third degree, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree, possession of burglar's tools, and unlawful possession of a radio device, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (David A. Crow of counsel; Evangeline M. Chan on the brief), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Nina M. Sas of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the court providently exercised its discretion in sua sponte dismissing a prospective juror since the juror's responses to the court's own questions revealed that he was unqualified to serve ( see, People v. Zamora, 243 A.D.2d 746; People v. Mitchell, 224 A.D.2d 316).
The defendant's remaining contention is unpreserved for appellate review ( see, People v. Stewart, 81 N.Y.2d 877) and we decline to reach it in the exercise of our interest of justice jurisdiction.
RITTER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.