PEOPLE v. LEWIS


254 A.D.2d 77 (1998)

680 N.Y.S.2d 201

The People of the State of New York, Respondent, v. Carl Lewis, Appellant

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

October 8, 1998


The trial court properly exercised its discretion in discharging a juror prior to the start of testimony at trial. The juror, whose physical distress was apparent in the courtroom, reported that she was bleeding heavily internally, was on her way to the hospital for testing, would likely be unavailable for four or five days and might be hospitalized depending on the results of these initial tests (see, People v Page, 72 N.Y.2d 69...

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