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PEOPLE v. WILLIAMS

187 A.D.2d 398 (1992)

The People of the State of New York, Respondent, v. Audley Williams, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 24, 1992

Defendant both failed to preserve, and waived, his argument that the court deprived him of his constitutional right to a jury trial by failing to conduct a probing and tactful inquiry to determine whether a juror had been sleeping during the trial. When the court noticed that a juror had her eyes closed during its final charge, defendant failed to move for a mistrial or request the court to further examine the juror (CPL 470.05...

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