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PEOPLE v. DUKES

8 N.Y.3d 952 (2007)

872 N.E.2d 231

840 N.Y.S.2d 545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFONSO DUKES, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2007.

Attorney(s) appearing for the Case

Mitch Kessler, Cohoes, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed and a new trial ordered.

We agree with defendant's contention that County Court improperly dismissed a sworn juror over his objection. Pursuant to CPL 270.35 (1), a court may not dismiss a sworn juror unless it has determined that he or she is "grossly unqualified to serve in the case"—...

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