Judgment reversed, on the law, and a new trial granted.
Memorandum:
Upon this appeal from a conviction for assault in the first degree, defendant contends that a new trial is required because the trial court improperly discharged a sworn juror. We agree. After the People rested and during the prosecutor's cross-examination of a defense witness concerning a prior robbery conviction, a juror requested permission to approach the bench. He told the Trial Judge...
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