People v. Rosario

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered February 8, 1996, convicting him of assault in the second degree (two counts), and obstructing governmental administration, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the trial court should have granted a mistrial or discharged a sworn juror who was believed to have commented to another juror about the testimony of a witness while the attorneys were at the bench for a sidebar. The court questioned the two…