PEOPLE v. COTTO (1999)

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

The PEOPLE of the State of New York, Respondent, v. Juan COTTO, Defendant-Appellant.

Decided: October 12, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN and ANDRIAS, JJ.

Susan Axelrod, for Respondent. Carol A. Zeldin, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), entered November 8, 1996, convicting defendant, after a jury trial, of criminal sale of controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/212 to 9 years, unanimously affirmed.

After discharging a juror who informed the court that his realization that defendant lived on the next block was causing him discomfort and would affect his verdict, the court properly exercised its discretion in refusing to conduct an inquiry involving the remaining jurors. The record of the discharged juror's colloquy with the court does not establish any necessity for further inquiry.

MEMORANDUM DECISION.

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