People v. Ivery

—• Judgment reversed, on the law, and a new trial granted. Memorandum: Upon this appeal from a conviction for assault in the first degree, defendant contends that a new trial is required because the trial court improperly discharged a sworn juror. We agree. After the People rested and during the prosecutor’s cross-examination of a defense witness concerning a prior robbery conviction, a juror requested permission to approach the bench. He told the Trial Judge that he considered the prosecutor’s question “irrelevant to this case.” The prosecutor then asked the juror “if the Judge were to tell…