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PEOPLE v. HARRIS

204 A.D.2d 240 (1994)

612 N.Y.S.2d 157

The People of the State of New York, Respondent, v. Frank Harris, Appellant

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

May 31, 1994

The court's discharge of two jurors pursuant to CPL 270.35 on the ground that they were unavailable was not an abuse of discretion (see generally, People v Page, 72 N.Y.2d 69). The first juror discharged had informed a court officer that she was sick with the flu and that she would not be available for more than a couple of days. Despite defendant's claims to the contrary, there was no reason for the court to personally speak...

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