People v. Graves

243 A.D.2d 275, 662 N.Y.S.2d 319, 1997 N.Y. App. Div. LEXIS 9343

Opinion

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March 20, 1995, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

After conducting a suitable inquiry as to the juror’s avail ability, the court properly exercised its discretion in discharging a sworn juror who was unavailable or unable to continue to serve due to illness (see, People v Page, 72 NY2d 69), since the juror could not advise when she would be available (see, People v Velazquez, 211 AD2d 471, lv denied 85 NY2d 915; People v Cook, 176 AD2d 209, lv denied 79 NY2d 825). Concur—Milonas, J. P., Rubin, Tom, Andrias and Colabella, JJ.