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PEOPLE v. SPENCER

No. 76.

29 N.Y.3d 302 (2017)

78 N.E.3d 1178

56 N.Y.S.3d 494

2017 NY Slip Op 05118

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL SPENCER, Appellant.

Court of Appeals of New York.

Decided June 22, 2017.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Susan H. Salomon of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Eric C. Washer and Nancy D. Killian of counsel), for respondent.

Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur; Judge FEINMAN taking no part.

OPINION OF THE COURT

The issue presented on this appeal is whether the trial court erred, after its inquiry pursuant to People v Buford (69 N.Y.2d 290 [1987]), in failing to discharge a sworn juror who, on the fourth day of deliberations, repeatedly stated that she could not...

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