Bell v. Sherman

—Proceeding pursuant to CPLR arti*739ele 78 to prohibit the respondents from proceeding further against the petitioner on Queens County Indictment Number QN12163/88.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

A juror who has not heard all of the evidence in a case is grossly unqualified to render a verdict and must, therefore, be discharged (see, People v Russell, 112 AD2d 451, 452). Where, as here, the discharge of the juror makes it impossible to continue with the trial, principles of double jeopardy will not act to bar a retrial (CPL…