Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
We agree with the defendant's contention that the court failed to make an appropriate inquiry before discharging a juror.
Pursuant to CPL 270.35, the trial court must discharge a juror "[I]f at any time after the trial jury has been sworn and before the rendition of its verdict, a juror is unable to continue serving by reason...
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