September 20, 2011
- 230 Jury
- 230VI Impaneling for Trial, and Oath
- 230k149 k. Discharge of Juror or Jury Pending Trial.
Discharge 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)