PEOPLE v. OCASIO


258 A.D.2d 303 (1999)

685 N.Y.S.2d 184

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EGUARDO OCASIO, Appellant.

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

Decided February 9, 1999.


The court properly replaced a sworn juror over defendant's objection after the juror indicated her inability to continue serving due to extreme nervousness following her claimed recognition of persons in the audience. Since defendant did not object to the sufficiency of the court's inquiry prior to the discharge of the juror, or request any further inquiry be made by the court or counsel, his present claim that the court should have conducted a further inquiry is unpreserved...

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