PEOPLE v. TAMMARO

6490, 1319/13.

161 A.D.3d 475 (2018)

73 N.Y.S.3d 418

2018 NY Slip Op 03328

The People of the State of New York, Respondent, v. Michael Tammaro, Appellant.

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

Decided May 8, 2018.


The court providently exercised its discretion in denying defense counsel's application to replace as grossly unqualified a sworn juror whose conduct and statements initially raised questions about his ability to deliberate fairly in light of pressures related to his work and his willingness to join other jurors in deliberation. The juror's responses to the court's thorough inquiry provided unequivocal and credible assurances that he

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