People v. Patterson

*300OPINION OF THE COURT

George D. Marlow, J.

Defendant was convicted of manslaughter in the first degree by a jury on November 9, 1994 for the second time. His first judgment of conviction rendered by another Judge of this court was reversed for reasons unrelated to this motion (People v Patterson, 203 AD2d 597). Following the instant guilty verdict, defense counsel moved to set it aside pursuant to CPL 330.30 (1) and (2). The motion was denied on the record, and the court imposed sentence on defendant on February 17, 1995.

Defense counsel contends that juror No. 2 "was colorably an 'unqualified’…