PEOPLE v. BENIQUEZ

ORDERED that the judgment under Indictment No. 2395/91 is affirmed; and it is further,

ORDERED that the judgment under Indictment No. 2422/91 is modified, as a matter of discretion in the interest of justice, by providing that the terms of imprisonment imposed run concurrently with the term of imprisonment imposed under Indictment No. 2395/91; as so modified, the judgment is affirmed.

The defendant's claim that the court did not conduct a sufficient inquiry of an allegedly unqualified prospective juror is unpreserved for appellate review (see, People v. Fridic, 222 A.D.2d 220 ). In any event, the record fully supports the trial court's determination to dismiss the prospective juror whose comments to the court indicated that she was overly concerned with physical evidence and that she believed "word of mouth is not proof" (see,People v. White, 213 A.D.2d 507, 508 ; People v. Torres, 164 A.D.2d 923 ).

We find that the sentence imposed under Indictment No. 2422/91 is excessive to the extent indicated.

The defendant's remaining contentions lack merit.

JOY, J.P., KRAUSMAN, H. MILLER, and FEUERSTEIN, JJ., concur.