People v. Defina

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 17, 1995, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he was not denied his constitutional and statutory right to a trial by a jury in whose selection he had participated because the trial court discharged a sworn juror. The inquiry conducted by the court revealed that not only had the juror disregarded its basic instructions, but also that the juror expresséd…