Opinion
March 20, 2001.
Judgment, Supreme Court, New York County (Carol Berkman, J. on pretrial motions; Michael Obus, J. at jury trial and sentence), rendered June 11, 1999, convicting defendant of burglary in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 1½ to 4½ years and time served, respectively, unanimously affirmed.
Kerry Chicon, for respondent.
Steven A. Feldman Pro Se, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Mazzarelli, Rubin, JJ.
The court properly declined to discharge a juror who had expressed exasperation with the pace of the trial, due in large part to defendant'spro se representation, and had initially expressed doubts about his ability to remain impartial. Since the court's searching inquiry on two different occasions during the trial ultimately confirmed that the juror could remain impartial, discharge was not warranted (see, People v. Santiago, 255 A.D.2d 63, 67-69, lv denied 94 N.Y.2d 829). The court's inquiry also established that the jurors had not engaged in premature deliberations. Accordingly, defendant's mistrial motion was properly denied.
We have considered and rejected defendant's pro se arguments.
Motion seeking sanctions and for other related relief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.