People v. Ballard

— Judgment unanimously reversed on the law and new trial granted. Memorandum: On the fourth day of defendant’s trial, a juror informed the court that he learned that defendant’s sister was his coemployee. The Judge reported that the juror asked to be excused because he might have to work with defendant’s sister and "it might make the situation a little sticky.” The record does not disclose that the court conducted a probing inquiry before excusing the juror. This was error (see, People v Buford, 69 NY2d 290, 299) and cannot be deemed harmless (see, People v Anderson, 70 NY2d 729, 730-731).…