People v. Darlene L.

Adjudication unanimously affirmed. Memorandum: Defendant was convicted of third degree assault (Penal Law § 120.00 [1]) as a result of a fight in which the complainant was cut by a piece of glass. Defendant’s primary claim is that the trial court should not have interviewed, in the absence of defense counsel, a juror who appeared to be sleeping during defense counsel’s cross-examination.

The procedure for disqualification of a juror midtrial does not require the Trial Judge to inform counsel concerning the possibility that a juror may be "grossly unqualified” to serve (CPL 270.35). Although…