People v. Rodriguez

Judgment unanimously affirmed. Memorandum: The court properly questioned a sworn juror about his physical condition in the presence of counsel and in the absence of defendant (see, People v Johnson, 192 AD2d 674, lv denied 82 NY2d 720; see also, People v Mullen, 44 NY2d 1).

The court did not err in failing to conduct a hearing to determine the competency of a witness to testify. There was no indication that the witness did not possess the ability to observe and recall what she saw.

We reject defendant’s argument that the search warrant was not supported by probable cause. The officer’s…