People v. Adams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the defendant’s contention, the trial court did not err in excusing a sworn juror during the trial over the defendant’s objection. CPL 270.35 provides, in pertinent part, *765that "[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.” It is a settled principle that "[a] juror who has not heard all the evidence is grossly unqualified to render a verdict in the case”…
2Cases cited5 opinions
- People v. ConsolazioNew York Court of Appeals · 1976
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ValerioAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PooleAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by16 opinions
- People v. BlondAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BuelAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SimpkinsAppellate Division of the Supreme Court of the State of New York · 2005
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2014
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