Opinion
October 26, 1993
Appeal from the Supreme Court, New York County (Dennis Edwards, Jr., J.).
Viewing the evidence in a light most favorable to the People and according deference to the jury's findings on credibility (People v. Bleakley, 69 N.Y.2d 490, 495), defendant's guilt on a theory of recklessness was proven beyond a reasonable doubt by legally sufficient evidence. Defendant's contention that the court erred in not examining a juror concerning her conversation with a prosecution witness is not preserved for review as a matter of law (People v. Torres, 80 N.Y.2d 944; People v. Powell, 186 A.D.2d 54, lv denied 81 N.Y.2d 765), and we decline to review in the interest of justice. The conversation in question was short and unrelated to the trial issues, and there is no significant likelihood that it interfered with the juror's ability to render a fair verdict (see, People v. Torres, supra; People v. Buford, 69 N.Y.2d 290, 299, n 4; People v. Estrada, 191 A.D.2d 286, lv denied 81 N.Y.2d 1013). We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman and Nardelli, JJ.