PEOPLE v. ROSARIO


248 A.D.2d 283 (1998)

670 N.Y.S.2d 461

The People of the State of New York, Respondent, v. Marcos Rosario, Appellant

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

March 24, 1998


The court properly exercised its discretion in excusing a juror who revealed that he was having significant memory problems and expressed doubt about his ability to sit as a juror. The juror's statement that both of his parents had died of Alzheimer's disease and that the disease had already fully manifested itself in his older brother indicated the seriousness of the juror's concerns about his memory lapses.

Defendant's claim of ineffective assistance of counsel...

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