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PEOPLE v. SANTANA

221 A.D.2d 175 (1995)

633 N.Y.S.2d 297

The People of the State of New York, Respondent, v. Antonio Santana, Appellant

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

November 9, 1995

The trial court properly discharged a juror as "grossly unqualified" (CPL 270.35) when, in response to the court's inquiry as to why she did not want to serve, she stated that she lived and worked in neighborhoods where there was drug activity, and, while she did not know defendant or his associates personally, she was frightened that "the people in this drug thing may know me". This unequivocal expression of fear of retribution...

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