PEOPLE v. DAVIS

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.