People v. Ferguson

Judgment of the Supreme Court, Bronx County (Cerbone, J.), rendered on March 28, 1988, after a jury trial, convicting defendant of robbery in the first degree and sentencing defendant, as a predicate violent felony offender, to a term of IVi to 15 years, hereby is unanimously affirmed.

There is an insufficient basis upon the record for this court to conclude that the foreperson of the jury was sleeping during the court’s charge. Accordingly, it cannot be said as a matter of law, that the trial court was required, in this instance, to determine whether the juror was "grossly unqualified” to…