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PEOPLE v. McINTYRE

193 A.D.2d 626 (1993)

597 N.Y.S.2d 442

The People of the State of New York, Respondent, v. Arthur McIntyre, Appellant

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

May 3, 1993

Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that the trial court should have conducted an inquiry into whether one of the jurors was sleeping during the jury instructions. While such an occurrence might render a juror grossly unqualified to render a verdict (see, CPL 270.35; People v Valerio, 141 A.D.2d 585), the trial court observed the jury while giving the instructions and...

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