PEOPLE v. HOLDER

2014-05057. Ind. No. 7227/11.

150 A.D.3d 886 (2017)

55 N.Y.S.3d 100

2017 NY Slip Op 03773

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNZEL HOLDER, Appellant.

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

Decided May 10, 2017.


Ordered that the judgment is affirmed.

CPL 270.35 (1) provides, in part, that "[i]f at any time after the trial jury has been sworn and before the rendition of its verdict ... the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case or has engaged in misconduct of a substantial nature, ... the court must discharge such juror." The "grossly unqualified" standard "is satisfied only when it...

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