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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM JONES, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in discharging two jurors without conducting a sufficiently thorough inquiry to ascertain when the jurors would be available to continue service (see, CPL 270.35). However, the defendant did not object to the sufficiency of the court's inquiry prior to the discharge of the jurors, or request that any further inquiry be made. Under these circumstances, the defendant's claim is unpreserved for appellate review (see, People v. Torres, 80 N.Y.2d 944; People v. Ocasio, 258 A.D.2d 303; People v. Correll, 207 A.D.2d 410; People v. Riccardi, 199 A.D.2d 432).

O'Brien, J. P., Joy, Krausman and Goldstein, JJ., concur.

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PEOPLE v. JONES
(Apr 26, 1999)