PEOPLE v. SMITH

ORDERED 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 questions revealed that he was unqualified to serve ( see, People v. Zamora, 243 A.D.2d 746; People v. Mitchell, 224 A.D.2d 316).

The defendant's remaining contention is unpreserved for appellate review ( see, People v. Stewart, 81 N.Y.2d 877) and we decline to reach it in the exercise of our interest of justice jurisdiction.

RITTER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.