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PEOPLE v. SHAW

43 A.D.3d 685 (2007)

841 N.Y.S.2d 304

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SHAW, Appellant.

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

Decided September 13, 2007.

When defense counsel advised the court that a juror had inappropriately approached him and made comments indicating a possible bias against the defense, the court should have granted counsel's request to make an inquiry of the juror with respect to her qualification (see CPL 270.35; People v Buford, 69 N.Y.2d 290, 299 [1987]). Under the circumstances presented, that error is not subject to harmless error analysis (see People...

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