NY top court rejects appeal based on sleepy juror - NEWS10 ABC: Albany, New York News, Weather, Sports

NY top court rejects appeal based on sleepy juror

ALBANY, N.Y. (AP) - According to New York's highest court, one sleepy juror doesn't deprive a convicted murderer of his constitutional right to a jury of 12.

The Court of Appeals says the trial judge did enough questioning when told a juror was sleeping during deliberations, which resulted in Carlos Herring's conviction for fatally shooting one man and wounding another in 2006 outside a Rockland County nightclub.

He's serving 32 years to life in prison for murder, assault and weapon possession. Herring, acquitted of a menacing charge, claimed his actions were justified.

The top court unanimously rejects the argument that he deserves a new trial because one juror told the judge that another was sleeping through deliberations.

That juror denied it when questioned by the judge, who deemed her fit to remain on the jury.