Opinion
October 12, 1995
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
The trial court properly discharged a juror as grossly unqualified (CPL 270.35) upon the basis of its own observation that the juror had been sleeping during testimony and the juror's admission that she had been sleeping and did not know how much testimony she had missed ( People v. Russell, 112 A.D.2d 451; see, People v. Rodriguez, 71 N.Y.2d 214, 219).
Concur — Rosenberger, J.P., Ellerin, Wallach and Tom, JJ.