Appellate Division of the Supreme Court of the State of New York July 27, 1995 (People v. McClenton)

lead-opinion

OPINION OF THE COURT

Mazzarelli, J.

The trial court erred when it denied the defendant’s timely request to make a "probing and tactful inquiry” of a juror who, before deliberations even commenced, wrote a note which indicated that the juror’s discharge might be required under CPL 270.35.