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PEOPLE v. PAYTON
Appellate Division of the Supreme Court of New York, Second Department.
Jan 11, 2001
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DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, the trial court properly determined that a sworn juror was grossly unqualified to serve. The record reveals that the juror withheld information regarding his prior conviction for possession of marihuana and that his brother-in-law had been convicted of a crime until after being sworn. Under these circumstances, the trial court properly discharged that juror pursuant to CPL 270.35 (see, People v. Richards, 267 A.D.2d 18; People v. Tamayo, 256 A.D.2d 98; Matter of Mikel v. Mark, 249 A.D.2d 993).
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