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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN F. KENNEDY, Appellant.

Ordered that the judgment is affirmed.

After a thorough inquiry, the trial court providently exercised its discretion in denying the defendant's motion for a mistrial on the ground of premature jury deliberations ( see People v. Simon, 224 AD2d 458; People v. Pollard, 150 AD2d 397, 398; People v. Castillo, 144 AD2d 376; People v. Gordon, 77 AD2d 663). There is no basis upon which to disturb the court's determinations concerning credibility with respect to its individual inquiries of the jurors ( see People v. Rivera, 304 AD2d 841; People v. Jamison, 291 AD2d 298).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.

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PEOPLE v. KENNEDY
(Oct 12, 2004)