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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE MALDONADO, Appellant.

Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his present claim that the court's response to a juror's oral inquiry was inaccurate and prejudicial, since he failed to raise to the trial court the specific ground he now raises on this appeal ( see, CPL 470.05; People v Balls, 69 NY2d 641, 642; see also, People v Stewart, 81 NY2d 877, 878-879; cf., People v DeRosario, 81 NY2d 801, 803). In any event, the trial court's response to the juror's oral inquiry does not warrant reversal as the defendant was not prejudiced thereby ( see, People v Agosto, 73 NY2d 963, 967; People v Austin, 199 AD2d 325, 326; People v Beckham, 11A AD2d 748, 750; People v Nevins, 178 AD2d 107, 108).

Contrary to the defendant's contention, the court did not err in dismissing, sua sponte, a prospective juror who was having great difficulty understanding the court's questions ( see, People v Vargas, 88 NY2d 363, 379; People v Mitchell, 224 AD2d 316; People v Scruggs, 201 AD2d 514, 515; see also, People v Decker, 157 NY 186, 190-191; People v Torres, 164 AD2d 923, 924; People v Little, 57 Misc 2d 1059, 1061).

The defendant's remaining contentions are without merit.

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PEOPLE v. MALDONADO
(Mar 17, 1997)