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PEOPLE v. COOK

176 A.D.2d 209 (1991)

The People of the State of New York, Respondent, v. John Cook, Also Known as John Cooke, Appellant

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

September 26, 1991

Upon examination of the record, we find that the trial court did not improperly exercise its authority when on the second day of trial it discharged a sworn juror who was unavailable or unable to continue to serve due to illness pursuant to CPL 270.35 (People v Page, 72 N.Y.2d 69). In that regard, the court, after conducting an inquiry as to the juror's availability, and after making a record of the facts and reasons for invoking...

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