Opinion
October 26, 1998
Appeal from the County Court, Rockland -County (Nelson, J.).
Ordered that the judgment is affirmed.
The County Court's Mapp determination ( Mapp v. Ohio, 367 U.S. 643) was supported by the hearing record ( see, People v. Johnson, 254 A.D.2d 499 [decided herewith]).
In his supplemental pro se brief, the defendant contends that reversible error took place because a married couple sat on his jury panel. However, the record shows that the defendant was aware of the jurors' relationship but chose not to challenge them. Therefore, his claim is unpreserved for this Court's review ( see, CPL 470.05). In any event, the prospective jurors relationship was not one that implicates CPL 270.20 (1) (c) ( see, People v. De Rosa, 187 A.D.2d 980), and both jurors unequivocally stated that they could render an impartial verdict based solely on the evidence adduced at trial ( see, CPL 270.20 [b]; People v. Blyden, 55 N.Y.2d 73).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80). While his codefendants received lesser sentences, each was convicted of a lesser charge, and the court imposed an appropriate discretionary sentence upon the defendant ( see, People v. Danny G., 61 N.Y.2d 169; People v. Powers, 173 A.D.2d 886).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.