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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL BOOKER, DEFENDANT-APPELLANT.

The court properly determined that a deliberating juror distressed by personal problems was not "grossly unqualified" for further service (CPL 270.35). The juror expressed no doubts about her ability to be fair, and the totality of her responses established that she could render an impartial verdict (see, People v. Buford, 69 N.Y.2d 290, 298).

Defendant's objections to the prosecutor's summation were sustained and sufficient curative instructions were given by the court to the jury.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. BOOKER
(Apr 3, 2001)