Defendant contends that a new trial is required because of the trial court's improper exercise of its power under CPL 270.35 to discharge a sworn juror for unavailability. Defendant also argues that the trial court erred in permitting the People to introduce evidence of prior similar crimes and in failing to charge the jury both on the law of probable cause to arrest and on how to evaluate alibi testimony, and was unduly harsh in imposing sentence.
The People concede...
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