Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered May 7, 2002. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It. is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [1]). Defendant’s contention with respect to the Sandoval ruling is not preserved for our review (see CPL 470.05 [2]; People v Jackson, 242 AD2d 462 [1997], lv denied 91 NY2d 834 [1997]). In any event, we conclude that Supreme Court “balanced the appropriate factors and properly exercised its discretion” (People v Scheri, 268 AD2d 251, 251 [2000], lv denied 94 NY2d 952 [2000]). Contrary to the further contention of defendant, he was not denied a fair trial by the statements of a prospective juror that were potentially related to defendant’s prior criminal history. After defense counsel argued in chambers that the jury panel had been tainted, the court inquired of the jury panel whether anyone had heard any such information provided by the prospective juror and received no affirmative responses. Thus, no “potential jurors reveal[ed] knowledge or opinions reflecting a state of mind likely to preclude impartial service” (People v Johnson, 94 NY2d 600, 614 [2000]). Defense counsel made no further objection and did not request more complete curative action, and thus the matter is deemed to have