—[*1] Abbie Goldbas, Utica, for appellant. Louise K. Sira, District Attorney, Johnstown (Chad W. Brown of counsel), for respondent.

McCarthy, J. Appeal from a judgment of the County Court of Fulton County (Hoye, J.), rendered April 3, 2009, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts) and attempted assault in the second degree.

Defendant was charged with various crimes as a result of his sale of narcotics to a confidential informant and a subsequent scuffle with police. A jury convicted him of five crimes—attempted assault in the second degree and two counts each of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. This appeal ensued.

Defendant's sole contention on appeal is that he was deprived of a fair trial because a sitting juror should have been removed from the jury as grossly unqualified to serve (see CPL 270.35 [1]). This argument is unpreserved for our review because defendant did not object to the scope of County Court's inquiry of the juror after she sent a note to the court (see People v Hicks, 6 NY3d 737, 739 [2005]; People v Kelly, 65 AD3d 714, 715 [2009], lv denied 13 NY3d 860 [2009]; People v Busreth, 35 AD3d 965, 967 [2006], lv denied 8 NY3d 920 [2007]), or request that she be discharged from the jury (see People v Brennan, 290 AD2d 574, 576 [2002], lv denied 97 NY2d 751 [2002]). In fact, after the court's inquiry, defense counsel indicated that he had no further concerns regarding this juror. As defendant's sole argument is unpreserved, we [*2]affirm.

Peters, J.P., Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.