Summary
finding that the deliberating juror distressed by personal problems was not "grossly unqualified" for further service
Summary of this case from Booker v. GirdichOpinion
April 3, 2001.
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered March 3, 1999, convicting defendant, after a jury trial, of robbery in the third degree and grand larceny in the fourth degree, and sentencing him to concurrent terms of 2 to 7 years and 1 to 3 years, respectively, unanimously affirmed.
Frank Glaser, for respondent.
Cynthia Feathers, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Mazzarelli, Wallach, Buckley, JJ.
The court properly determined that a deliberating juror distressed by personal problems was not "grossly unqualified" for further service (CPL 270.35). The juror expressed no doubts about her ability to be fair, and the totality of her responses established that she could render an impartial verdict (see, People v. Buford, 69 N.Y.2d 290, 298).
Defendant's objections to the prosecutor's summation were sustained and sufficient curative instructions were given by the court to the jury.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.