Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
The statutory standard for discharging a juror and replacing him or her with an alternate juror is contained in CPL 270.35, which provides that "[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 of illness or other incapacity...
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