People v. Knight
| Decision Date | 26 May 2011 |
| Citation | 84 A.D.3d 670,2011 N.Y. Slip Op. 04394,923 N.Y.S.2d 111 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Jarred KNIGHT, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Matthew T. Murphy of counsel), for respondent.ANDRIAS, J.P., FRIEDMAN, CATTERSON, RENWICK, DeGRASSE, JJ.
Judgment, Supreme Court, New York County (John Cataldo, J.), rendered November 20, 2008, as amended January 7, 2009, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 1 year, unanimously affirmed.
The court properly replaced a sworn juror with an alternate. Although defendant objected to discharging the juror, he did not preserve his claims that the court made insufficient inquiry, applied the wrong standard and failed to make the requisite findings ( see People v. Wynn, 35 A.D.3d 283, 284, 827 N.Y.S.2d 35 [2006], lv. denied 8 N.Y.3d 928, 834 N.Y.S.2d 519, 866 N.E.2d 465 [2007] ), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.
The record establishes that the juror was “unavailable for continued service” (CPL 270.35[1] ). In making such a determination, a court may consider whether continued service would cause a juror “compelling hardship, rather than mere inconvenience” ( People v. Belgrave, 172 A.D.2d 335, 336, 568 N.Y.S.2d 404 [1991], lv. denied 78 N.Y.2d 962, 574 N.Y.S.2d 941, 580 N.E.2d 413 [1991] ). The juror described extraordinary work-related problems that were sufficient to meet this standard.
Furthermore, the record also indicates that the juror was “grossly unqualified to serve” (CPL 270.35[1] ). That standard is met “when it becomes obvious that a particular juror possesses a state of mind which would prevent the rendering of an impartial verdict” ( People v. Buford, 69 N.Y.2d 290, 298, 514 N.Y.S.2d 191, 506 N.E.2d 901 [1987] ). Here, the juror never expressly stated that his difficulties would affect his ability to reach an impartial verdict. However, his statements support a fair inference that his circumstances would have affected his ability to concentrate on jury service.
Moreover, aside from the juror's extraordinary circumstances, the juror also had a pressing...
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