PEOPLE v. MARTELL


227 A.D.2d 177 (1996)

642 N.Y.S.2d 10

The People of the State of New York, Respondent, v. Charles Martell, Appellant

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

May 7, 1996


The trial court properly discharged a juror, over objection, as grossly unqualified (CPL 270.35), after ascertaining that she was preoccupied with the health of her son, who had suffered a severe asthma attack the night before, requiring emergency room treatment, and whose condition had not improved because his medication was not working (see, People v Serrano, 203 A.D.2d 99, lv denied 83 N.Y.2d 915). A one-day adjournment...

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