People v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: We reject defendants’ contention that the court improperly discharged a sworn juror on the ground that the juror was "grossly unqualified” within the meaning of CPL 270.35. " '[A] juror who has not heard all the evidence is grossly unqualified to render a verdict’ ” (People v Adams, 179 AD2d 764, 765, quoting People v Russell, 112 AD2d 451, 453). The juror in question admitted to "drifting off” during testimony and that he "kind of lost it a little bit”. Under the circumstances, the court properly deemed him to be…
2Cases cited9 opinions
- People v. KitchingNew York Court of Appeals · 1991
- People v. HerringNew York Court of Appeals · 1994
- People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
- People v. TorresNew York Court of Appeals · 1992
- People v. KonigsbergAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by19 opinions
- People v. Jean-PhilippeAppellate Division of the Supreme Court of the State of New York · 2012
- People v. HymesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SpataroAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ScuttAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2006
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