Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 19, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.
The court properly exercised its discretion in discharging a selected but unsworn juror whose late arrival would have unduly prolonged the trial. Since defendant consented to a delay
The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459).
Defendant’s challenges to the court’s charge are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal. Concur — Andrias, J.P., Saxe, Rosenberger, Wallach and Buckley, JJ.