People v. Smith

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (LaTorella, J.), rendered June 12, 1997, convicting him of burglary in the third degree, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree, possession of burglar’s tools, and unlawful possession of a radio device, upon a jury verdict, and imposing sentence.

*448Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the court providently exercised its discretion in sua sponte dismissing a prospective juror since the juror’s responses to the court’s own…