Opinion
2002-09866
October 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered October 21, 2002, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Before: Florio, J.P., H. Miller, Goldstein and Skelos, JJ., concur.
Ordered that the judgment is affirmed.
After a thorough inquiry, the trial court providently exercised its discretion in denying the defendant's motion for a mistrial on the ground of premature jury deliberations ( see People v. Simon, 224 AD2d 458; People v. Pollard, 150 AD2d 397, 398; People v. Castillo, 144 AD2d 376; People v. Gordon, 77 AD2d 663). There is no basis upon which to disturb the court's determinations concerning credibility with respect to its individual inquiries of the jurors ( see People v. Rivera, 304 AD2d 841; People v. Jamison, 291 AD2d 298).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.