================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 72 SSM 1 The People &c., Respondent, v. Ronnell Jordan, Appellant.

Submitted by Kevin C. Adam, for appellant. Submitted by Amy Appelbaum, for respondent.

MEMORANDUM: The order of the Appellate Division should be affirmed. Defendant failed to preserve his contention that the trial court discharged prospective jurors based on hardship without conducting a sufficient inquiry (see People v King, __ NY3d __ [decided herewith]). Defendant's remaining contentions

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are without merit.

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Rivera, J (dissenting): For the reasons stated in my dissenting opinion in People v King (___ NY3d ___, [decided herewith]), I would reverse the order of the Appellate Division on the sole ground that the judge's jury selection process denied defendant his right to a jury trial. * * * * * * * * * * * * * * * * * Order affirmed, in a memorandum. Judges Pigott, Abdus-Salaam, Stein and Fahey concur. Judge Rivera dissents in an opinion. Chief Judge DiFiore and Judge Garcia took no part.

Decided March 29, 2016

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