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PEOPLE v. HENDERSON

235 A.D.2d 228 (1997)

651 N.Y.S.2d 532

The People of the State of New York, Respondent, v. Valestine Henderson, Appellant

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

January 9, 1997

The court properly exercised its discretion in replacing a sworn juror who called in sick on the Friday before a three day weekend. The record made by the court established that the complainant, who was in poor health and lived in Pennsylvania, had made a difficult journey to New York to testify on the Friday in question, and would have been required to make another such journey to testify on the following Tuesday, even if the sick...

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