THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. KENNETH MCMASTER DEFENDANT APPELLANT (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ).   Defendant failed to preserve for our review his contention that County Court failed to conduct an adequate inquiry into his allegation that the jury had engaged in premature deliberations (see CPL 470.05[2];  People v. Smith, 49 AD3d 904, 905, lv denied 10 NY3d 870;  People v. Paccione, 295 A.D.2d 450, 450-451, lv denied 98 N.Y.2d 731), and we decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   The sentence is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court