Opinion
Submitted May 18, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered March 12, 1997, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Jeffrey Dellheim of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Robin A. Forshaw of counsel; Donna Aldea on the brief), for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that he was not tried before jurors in whose selection he had a voice is unpreserved for appellate review ( see, CPL 470.05; People v. Hopkins, 76 N.Y.2d 872; People v. Martinez, 239 A.D.2d 205).
In any event, the court did not err in dismissing, without any voir dire by counsel, a prospective juror whose negative response to the court's own question revealed that the juror was unqualified to serve ( see, People v. Vargas, 88 N.Y.2d 363; People v. Decker, 157 N.Y. 186; People v. Zamora, 243 A.D.2d 746; People v. Gayle, 238 A.D.2d 133; People v. Mitchell, 224 A.D.2d 316; People v. Mulinar, 185 A.D.2d 996; People v. Purcell, 103 A.D.2d 938). Moreover, as the prospective juror was replaced with an unbiased juror, the defendant's claim of prejudice is pure speculation ( see, People v. Zamora, supra; People v. Gayle, supra).