PEOPLE v. HILL


182 A.D.2d 640 (1992)

The People of the State of New York, Respondent, v. Charles J. Hill, Appellant

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

April 6, 1992


Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in discharging, prior to the commencement of trial, a sworn juror who had asked to be excused because his father, who was in the hospital and had just been diagnosed as having cancer and a broken hip, was to undergo surgery the following day and there was uncertainty as to whether he would survive the surgery. Although it would have been preferable for the trial

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