People v. Baity

Judgment, Supreme Court, New York County (Michael Obús, J.), rendered February 3, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Defendant’s claim that the court improperly discharged a sitting juror is unpreserved. The record establishes that defendant’s counsel declined the court’s offer of further inquiry into the juror’s concerns and consented to her…