PEOPLE v. HUNTLEY (1997)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 21, 1992, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain physical evidence.

ORDERED that the judgment is affirmed.

The defendant's contention that the inventory search of his vehicle was improper is unpreserved for appellate review (see, People v. Dickens, 88 N.Y.2d 1031, 651 N.Y.S.2d 10, 673 N.E.2d 1237;  People v. Williams, 217 A.D.2d 1007, 629 N.Y.S.2d 607).

The trial court did not err in discharging a sworn juror over the defendant's objection.   The record demonstrates that the court properly engaged in a thorough and searching inquiry of the juror (see, People v. Buford, 69 N.Y.2d 290, 514 N.Y.S.2d 191, 506 N.E.2d 901) and correctly discharged him as being “grossly unqualified” (CPL 270.35) based upon the juror's statement that job-related concerns would prevent him from giving his undivided attention to the case and would imperil his ability to decide the matter in a fair and impartial manner (see, People v. Rodriguez, 71 N.Y.2d 214, 524 N.Y.S.2d 422, 519 N.E.2d 333;  People v. White, 204 A.D.2d 750, 613 N.Y.S.2d 34;  People v. Bolden, 197 A.D.2d 528, 602 N.Y.S.2d 212).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

MEMORANDUM BY THE COURT.