PEOPLE v. ACEVEDO


207 A.D.2d 842 (1994)

616 N.Y.S.2d 636

The People of the State of New York, Respondent, v. Dennis Acevedo, Appellant

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

September 19, 1994


Ordered that the judgment is affirmed.

Contrary to the defendant's assertion, the trial court properly denied the defendant's motion to disqualify a juror disturbed by the presence of hypodermic needles at trial in view of the fact that the juror's son had died from a drug overdose two months earlier. CPL 270.35 states that if, after the jury is sworn but before it renders a verdict, the court finds that a juror is "grossly unqualified to serve", that juror must be...

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