Opinion
June 24, 1999.
Appeal from the Supreme Court, New York County (Bruce Allen, J.).
The court properly denied defendant's motion to dismiss the entire panel of prospective jurors. The general interrogation of prospective jurors as to their ability to be fair and impartial, which evoked approximately 10 negative drug-related experiences from individuals on the panel, all of whom were excused, did not taint the remaining jury panel so as to preclude a fair trial ( see, People v. Miller, 239 A.D.2d 787, 790, affd 91 N.Y.2d 372). Defendant's claim of taint is purely speculative, having no support in the record. Further, the court properly denied a similar application to dismiss the jury panel based on the prosecutor's fleeting and appropriate reference to the fact that defendant had a 15-year-old accomplice.
Concur — Mazzarelli, J. P., Wallach, Rubin, Andrias and Saxe, JJ.