Opinion
January 12, 1998
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erroneously refused to dismiss four jurors for "substantial misconduct" is unpreserved for appellate review ( see, CPL 470.05; People v. Zhang Wan, 203 A.D.2d 499; People v. Burch, 188 A.D.2d 479). In any event, contrary to the defendant's contention, the court did not improvidently exercise its discretion in refusing to dismiss the four jurors after having conducted a probing and thorough examination of each individual juror ( see, People v. Clark, 81 N.Y.2d 913; People v. Pollard, 150 A.D.2d 397).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J.P., Altman, Florio and McGinity, JJ., concur.