It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]) and gang assault in the second degree (§ 120.06), defendant contends that County Court erred in failing to discharge a juror based on the possibility that the juror had been sleeping during portions of the trial. That...
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