PEOPLE v. DUPONT


111 Misc.2d 328 (1981)

The People of the State of New York, Plaintiff, v. Richard Dupont, Defendant.

Supreme Court, Trial Term, New York County.

August 31, 1981


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Merri Bernstein and Harold Wilson of counsel), for plaintiff. John Klotz for defendant.


BENTLEY KASSAL, J.

The court, sua sponte, determined that a juror should be discharged from the trial jury, as unqualified, based upon the fact that the juror had fallen asleep approximately six times during the six days of the trial.

FACTS

Prior to today's occurrence, the court had noticed that juror No. 10 had appeared to be asleep on at least four different occasions during the course of the presentation of evidence. Today...

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