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PEOPLE v. MARTINEZ

289 A.D.2d 62 (2001)

734 N.Y.S.2d 138

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DINO MARTINEZ, Appellant.

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

Decided December 11, 2001.

The court properly exercised its discretion in denying defendant's mistrial motion made after the jurors observed an elderly witness require medical assistance immediately following his testimony. The court made a thorough inquiry, and each juror stated that he or she could be fair and that the events would have no impact on his or her verdict (see, People v Brunson, 270 A.D.2d 133,

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