PEOPLE v. GORDON


11 A.D.3d 342 (2004)

782 N.Y.S.2d 741

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE GORDON, Appellant.

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

October 19, 2004.


After a proper inquiry, the court properly exercised its discretion in denying defendant's request to replace a sworn juror who, according to another juror, had "joked" immediately after jury selection that the jury could reach a guilty verdict without hearing any evidence. The court properly determined that the juror, who gave unequivocal assurances of his impartiality, was fit to continue serving and to render a fair verdict ...

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