People v. Kuzdzal

Smith, J.P., and Peradotto, J.

(dissenting). We respectfully dissent and would affirm the judgment because we disagree with the majority that Supreme Court was required to conduct *1622a further inquiry pursuant to People v Buford (69 NY2d 290 [1987]). It is well settled that “ ‘[i]f at any time after the trial jury has been sworn and before the rendition of its verdict. . . the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case . . . the court must discharge such juror’ ” (Buford, 69 NY2d at 298, quoting CPL 270.35…