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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLES JONES, DEFENDANT-APPELLANT.

The court properly declined to discharge a juror who had expressed exasperation with the pace of the trial, due in large part to defendant'spro se representation, and had initially expressed doubts about his ability to remain impartial. Since the court's searching inquiry on two different occasions during the trial ultimately confirmed that the juror could remain impartial, discharge was not warranted (see, People v. Santiago, 255 A.D.2d 63, 67-69, lv denied 94 N.Y.2d 829). The court's inquiry also established that the jurors had not engaged in premature deliberations. Accordingly, defendant's mistrial motion was properly denied.

We have considered and rejected defendant's pro se arguments.

Motion seeking sanctions and for other related relief denied.

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

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PEOPLE v. JONES
(Mar 20, 2001)