The defendant's claim that the jury engaged in premature deliberations was not preserved for appellate review as a matter of law (CPL 470.05; People v Michael, 48 N.Y.2d 1, 6). In any event, the single question asked by the foreperson specifically referred to the exhibit being shown and there was no evidence of prior jury discussions or discussions relating to anything beyond that piece of evidence. The single question involved neither "sifting of facts" nor consideration of "`outside influences'". (People v Horney, 112 A.D.2d 841, 843.) Further, the court warned the jurors several times to keep an open mind and the jury is presumed to have followed these instructions. (People v Davis, 58 N.Y.2d 1102.) Finally, any error herein would be considered harmless (People v Crimmins, 36 N.Y.2d 230).
Concur — Murphy, P.J., Sullivan, Kassal, Wallach and Smith, JJ.