PEOPLE v. MALDONADO (1997)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered May 2, 1995, convicting him of attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant did not preserve for appellate review his present claim that the court's response to a juror's oral inquiry was inaccurate and prejudicial, since he failed to raise to the trial court the specific ground he now raises on this appeal (see, CPL 470.05[2];  People v. Balls, 69 N.Y.2d 641, 642, 511 N.Y.S.2d 586, 503 N.E.2d 1017;  see also, People v. Stewart, 81 N.Y.2d 877, 878-879, 597 N.Y.S.2d 634, 613 N.E.2d 540;  cf., People v. DeRosario, 81 N.Y.2d 801, 803, 595 N.Y.S.2d 372, 611 N.E.2d 273).  In any event, the trial court's response to the juror's oral inquiry does not warrant reversal as the defendant was not prejudiced thereby (see, People v. Agosto, 73 N.Y.2d 963, 967, 540 N.Y.S.2d 988, 538 N.E.2d 340;  People v. Austin, 199 A.D.2d 325, 326, 605 N.Y.S.2d 103;  People v. Beckham, 174 A.D.2d 748, 750, 571 N.Y.S.2d 775;  People v. Nevins, 178 A.D.2d 107, 108, 577 N.Y.S.2d 257).

 Contrary to the defendant's contention, the court did not err in dismissing, sua sponte, a prospective juror who was having great difficulty understanding the court's questions (see, People v. Vargas, 88 N.Y.2d 363, 379, 645 N.Y.S.2d 759, 668 N.E.2d 879;  People v. Mitchell, 224 A.D.2d 316, 637 N.Y.S.2d 733;  People v. Scruggs, 201 A.D.2d 514, 515, 607 N.Y.S.2d 410;  see also, People v. Decker, 157 N.Y. 186, 190-191, 51 N.E. 1018;  People v. Torres, 164 A.D.2d 923, 924, 559 N.Y.S.2d 584;  People v. Little, 57 Misc.2d 1059, 1061, 294 N.Y.S.2d 25).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.