ALBANY (AP) -- New York's top court is set to consider whether a sleepy juror deprived a convicted murderer of a fair trial.

Carlos Herring, found guilty of fatally shooting one man and wounding another in a 2006 dispute outside a Rockland County nightclub, says one of the 12 jurors at his trial was sleeping at various times, making her "grossly unqualified."

Motions to remove her or grant a mistrial were denied.

Convicted of second-degree murder, assault and weapon possession, he was sentenced to 31 years to life in prison.

The appeal says the 32-year-old was denied his constitutional right to a jury of twelve.

Oral arguments are scheduled Friday.

A ruling from the Court of Appeals is expected next month.

(Copyright ©2012 by The Associated Press. All Rights Reserved.)