People v. Cargill

Criminal Term did not abuse its discretion in replacing a seated juror with the first alternate based upon the seated juror’s asserted fear of repercussions from the discharge of her duties as a juror. We find that the juror in question was "grossly unqualified”, within the meaning of CPL 270.35, to serve in the case (see, People v Rentz, 67 NY2d 829; People v *813Buford, 119 AD2d 761, lv granted 67 NY2d 1059; People v Meyer, 78 AD2d 662). The principle applied to jury selection, i.e., that a trial court should disqualify prospective jurors of questionable impartiality, has been applied with…