PEOPLE v. RODRIGUEZ

4288/09, 12662A, 5994/09, 12662.

118 A.D.3d 451 (2014)

987 N.Y.S.2d 347

2014 NY Slip Op 4058

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS RODRIGUEZ, Appellant.

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

Decided June 5, 2014.


The court conducted a thorough colloquy with a juror who expressed a concern for his safety as a result of his erroneous belief that defendant's wife had tried to contact him, and, following this inquiry, the court properly concluded that the juror was not grossly unqualified to continue serving. After the juror learned that the call he received (apparently the result of a stranger dialing a wrong number) could not have been from defendant's wife, he assured the court that...

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