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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE DAVIS, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in refusing to disqualify a sworn juror who unequivocally stated that although he worked at the same place as a witness, he would be able to reach an impartial decision (see, People v. Acevedo, 207 A.D.2d 842; People v. Larrabee, 201 A.D.2d 924; People v. Hill, 167 A.D.2d 418; People v. Attanasio, 191 A.D.2d 447). Nor was the defendant required to be present during the questioning of that juror (see, People v. Mullen, 44 N.Y.2d 1; People v. Velasco, 77 N.Y.2d 469, 472).

The defendant's remaining contention is without merit.

Rosenblatt, J. P., Sullivan, Santucci and Goldstein, JJ., concur.

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PEOPLE v. DAVIS
(Mar 23, 1998)