The order of the Appellate Division should be reversed and a new trial ordered.
CPL 270.35 commands in pertinent part that "[i]f at any time after the trial jury has been sworn and before the rendition of its verdict * * * the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case * * * the court must discharge such juror." In...
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