PEOPLE v. DANIELS (2009)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 18, 2006, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court did not err in discharging a sworn juror over the defendant's objection.   The record demonstrates that the court properly engaged in a thorough and searching inquiry of the juror (see People v. Dukes, 8 N.Y.3d 952, 840 N.Y.S.2d 545, 872 N.E.2d 231) and correctly discharged her as being “grossly unqualified” (CPL 270.35[1] ) based upon the juror's statement that financial concerns would prevent her from giving her undivided attention to the case (see People v. Thomas, 13 A.D.3d 259, 786 N.Y.S.2d 513;  People v. Cook, 275 A.D.2d 1020, 713 N.Y.S.2d 586;  People v. Huntley, 237 A.D.2d 533, 655 N.Y.S.2d 580;  People v. Bolden, 197 A.D.2d 528, 602 N.Y.S.2d 212).