PEOPLE v. RIVERA


172 A.D.2d 570 (1991)

The People of the State of New York, Respondent, v. Carlo Rivera, Appellant

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

April 1, 1991


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion by discharging a juror who called in sick. The court returned the juror's call, and determined that the juror had been ill with the flu for at least three days, and expected to be ill and unable to serve on the following day. Under these circumstances, it was apparent that the juror would not be readily available to continue...

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