Opinion
January 19, 1999.
Appeal from the Supreme Court, Queens County (Spires, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in refusing to disqualify a sworn juror who expressed some apprehension after the defendant approached her as she exited the courthouse. Upon questioning, the juror unequivocally stated that she would be able to reach a fair and impartial decision. The court properly concluded that the juror was not grossly unqualified to serve as a member of the jury ( see, CPL 270.35; People v. Rodriguez, 71 N.Y.2d 214, 219; People v. Acevedo, 207 A.D.2d 842; People v. Larrabee, 201 A.D.2d 924; People v. Attanasio, 191 A.D.2d 447; People v. Hill, 167 A.D.2d 418).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
O'Brien, J.P., Sullivan, Krausman and Florio, JJ., concur.