People v. Franqui

Judgment, Supreme Court, New York County (A. Kirke Bartley, J), rendered April 8, 2011, convicting defendant, after a jury trial, of two counts of murder in the second degree, and sentencing him to concurrent terms of 25 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

During jury deliberations, the court simultaneously received a jury note requesting supplemental instructions, and another note stating, in pertinent part, that one of the jurors was “not participating at all in the deliberation process” and “sleeps most of the time. Can something be done…