PEOPLE v. PAYTON


279 A.D.2d 483 (2001)

719 N.Y.S.2d 103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN PAYTON, Appellant.

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

Decided January 8, 2001.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court properly determined that a sworn juror was grossly unqualified to serve. The record reveals that the juror withheld information regarding his prior conviction for possession of marihuana and that his brother-in-law had been convicted of a crime until after being sworn. Under these circumstances, the trial court properly discharged that juror pursuant to CPL 270.35 (see...

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