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PEOPLE v. BAITY

276 A.D.2d 282 (2000)

713 N.Y.S.2d 862

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR BAITY, Appellant.

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

Decided October 5, 2000.

Defendant's claim that the court improperly discharged a sitting juror is unpreserved. The record establishes that defendant's counsel declined the court's offer of further inquiry into the juror's concerns and consented to her discharge. This was a tactical decision to be made by counsel rather than defendant (see, People v Ferguson, 67 N.Y.2d 383, 390), and the ambiguous expression of dissatisfaction later made by defendant himself...

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