Foul and flatulent juror

September 20, 2011

  • 230 Jury
  • 230VI Impaneling for Trial, and Oath
  • 230k149 k. Discharge of Juror or Jury Pending Trial.

230 JuryDischarge of sworn juror based on purported misconduct, because other jurors had complained that juror emitted a foul body odor and was flatulent, was improper, where trial court failed to conduct inquiry, especially where defense counsel objected.
People v. Westbrook, 576 N.Y.S.2d 372 (N.Y. App. Div. 1991)