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PEOPLE v. WILSON

106 A.D.2d 146 (1985)

The People of the State of New York, Respondent, v. James D. Wilson, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 29, 1985

Attorney(s) appearing for the Case

John P. Mansour for appellant.

Howard Relin, District Attorney (Joan Psaila of counsel), for respondent.

DILLON, P. J., CALLAHAN, DOERR and DENMAN, JJ., concur.

SCHNEPP, J.

We are concerned on this appeal with the power of the trial court to excuse a sworn juror during the process of impaneling the jury and outside the presence of the defendant and defense counsel. The prosecution in this case resulted from an armed robbery which occurred on September 12, 1981.

The trial commenced on November 29, 1982 and during the course of the first day of voir dire four jurors were selected and

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