The trial court did not improvidently exercise its discretion in refusing to discharge a juror who expressed concern about continuing deliberations, in the absence of evidence that he was "unable to perform the duties of a juror" (CPLR 4106). After plaintiff's counsel suggested "that we tell the jury to come back on Monday," the juror agreed to return to continue deliberations.
However, we find that the trial court's failure to charge defendant 120-22 West 139th Street...
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