Opinion
December 21, 1995
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
Defendant's claim that the court improperly dismissed a juror as grossly unqualified is unpreserved ( People v Jackson, 209 A.D.2d 247, lv denied 85 N.Y.2d 974), and we decline to review it in the interest of justice. If we were to review it, we would find that the juror, who gave the court a note stating that he could not be impartial because of his belief that drug use should be legal and affirmed that belief during inquiries by the court, defense counsel and the prosecutor, was grossly unqualified ( see, People v Buford, 69 N.Y.2d 290, 299).
Viewed in the light most favorable to the People, the evidence that defendant actually participated in the drug sale by resupplying a codefendant with drugs to sell was legally sufficient to establish defendant's guilt of criminal sale and possession in the third degree ( see, People v Kaplan, 76 N.Y.2d 140).
Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.