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People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 502 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

Appeal from the Supreme Court, Kings County (Wade, J.).


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the trial court should have granted a mistrial or discharged a sworn juror who was believed to have commented to another juror about the testimony of a witness while the attorneys were at the bench for a sidebar. The court questioned the two jurors involved separately, in camera, in the presence of defense counsel and the prosecutor, and stated the reason for its ruling on the record (People v. Buford, 69 N.Y.2d 290). Although the commenting juror's responses to the court's inquiry, that she did not remember what she said, were equivocal, the court's refusal to speculate was proper (People v. Buford, supra). There was no evidence adduced that this juror was unable to render an impartial verdict so as to render her "grossly unqualified" pursuant to CPL 270.35 (1), and therefore, we see no reason to disturb the trial court's ruling (see, People v. Ingram, 213 A.D.2d 723, 724).

The defendant's remaining contention does not require reversal.

Rosenblatt, J. P., Thompson, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 502 (N.Y. App. Div. 1997)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ROSARIO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 14, 1997

Citations

241 A.D.2d 502 (N.Y. App. Div. 1997)
660 N.Y.S.2d 66

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