Adjudication unanimously affirmed.
Memorandum:
Defendant was convicted of third degree assault (Penal Law § 120.00 [1]) as a result of a fight in which the complainant was cut by a piece of glass. Defendant's primary claim is that the trial court should not have interviewed, in the absence of defense counsel, a juror who appeared to be sleeping during defense counsel's cross-examination.
The procedure for disqualification of a juror midtrial does...
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