PEOPLE v. DANIELS

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

The PEOPLE, etc., respondent, v. William DANIELS, appellant.

Decided: February 24, 2009

ANITA R. FLORIO, J.P., JOSEPH COVELLO, RUTH C. BALKIN and JOHN M. LEVENTHAL, JJ. Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Ushir Pandit of counsel), for respondent.

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).

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