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PEOPLE v. JORGE

23 A.D.3d 254 (2005)

805 N.Y.S.2d 46

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR JORGE, Appellant.

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

November 17, 2005.

Defendant claims that the court should have made a more thorough inquiry of a juror who closed his eyes at points during the summation by codefendant's counsel and the court's charge and who was being elbowed by a juror in the next seat. This claim is waived and unpreserved. Defendant's counsel sought no such inquiry, took the position that the juror was not sleeping, and agreed that the juror should not be discharged (see People v Farmer, 295 A.D...

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