PEOPLE v. DEFINA


256 A.D.2d 586 (1998)

682 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DEFINA, Appellant.

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

Decided December 28, 1998.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied his constitutional and statutory right to a trial by a jury in whose selection he had participated because the trial court discharged a sworn juror. The inquiry conducted by the court revealed that not only had the juror disregarded its basic instructions, but also that the juror expressed apprehension over the fact that the defendant and he had mutual friends in the neighborhood...

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