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PEOPLE v. THOMPSON

Ind. No. 4346/15. Appeal No. 14756. Case No. 2019-2901.

200 A.D.3d 435 (2021)

154 N.Y.S.3d 770

2021 NY Slip Op 06778

The People of the State of New York, Respondent, v. Marcus Thompson, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John Vang of counsel), and Milbank LLP, New York ( Sandhya Ramaswamy of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jillian Lewis of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

The record does not support the court's discharge of a juror and an alternate, over defense objection, as "grossly unqualified." The record establishes that the two jurors engaged in premature deliberations while on the subway by discussing the demeanor and testimony of witnesses and the age of the case. Initially, the court properly conducted an inquiry of the jurors themselves and confirmed that they had engaged in premature...

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