Opinion
March 7, 1996
Appeal from the Supreme Court, New York County (Alfred Donati, J.).
When the court observed that a juror may have "doze[d] off a couple a times", defense counsel stated that he "didn't see it", and requested no remedy. Therefore, his present claim that the court should have conducted an inquiry is unpreserved for appellate review, and we decline to review it in the interest of justice. In any event, on this record, there is an insufficient basis to conclude that the court should have conducted an inquiry ( People v Ferguson, 165 A.D.2d 789, lv denied 77 N.Y.2d 838).
We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.