PEOPLE v. GORDON

After a proper inquiry, the court properly exercised its discretion in denying defendant's request to replace a sworn juror who, according to another juror, had "joked" immediately after jury selection that the jury could reach a guilty verdict without hearing any evidence. The court properly determined that the juror, who gave unequivocal assurances of his impartiality, was fit to continue serving and to render a fair verdict ( see CPL 270.35; People v. Buford, 69 NY2d 290, 298-299). Moreover, even if the juror who allegedly made the remark "was less than completely forthright, there was no misconduct that affected a substantial right of defendant" ( People v. Cabrera, 305 AD2d 263, 263 [citation omitted], lv denied 100 NY2d 560).