PEOPLE v. SHAW

When defense counsel advised the court that a juror had inappropriately approached him and made comments indicating a possible bias against the defense, the court should have granted counsel's request to make an inquiry of the juror with respect to her qualification ( see CPL 270.35; People v Buford, 69 NY2d 290, 299). Under the circumstances presented, that error is not subject to harmless error analysis ( see People v Dotson, 248 AD2d 1004, lv denied 92 NY2d 851; see also People v Anderson, 70 NY2d 729, 730). Since a new trial is required based on the foregoing, we need not reach defendant's remaining arguments, including those contained in his pro se supplemental brief.