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PEOPLE v. VALENCIA

220 A.D.2d 274 (1995)

632 N.Y.S.2d 539

The People of the State of New York, Respondent, v. Henry Valencia, Appellant

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

October 12, 1995

The trial court properly discharged a juror as grossly unqualified (CPL 270.35) upon the basis of its own observation that the juror had been sleeping during testimony and the juror's admission that she had been sleeping and did not know how much testimony she had missed (People v Russell, 112 A.D.2d 451; see, People v Rodriguez, 71 N.Y.2d 214<...

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