People v. West

Mahoney, P. J., and Mikoll, J.,

dissent and vote to reverse in the following

memorandum by Mahoney, P. J. Mahoney, P. J. (dissenting). We respectfully dissent from the majority’s decision since, in our view, two errors committed during the course of the trial require reversal of defendant’s conviction. The first error committed was the action taken by the trial court in dismissing two of the jurors after the trial had commenced. The majority correctly points out that the statutory ground for juror discharge contained in CPL 270.35 (“that a juror is grossly unqualified to serve in the case”) is…