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PEOPLE v. VARGAS

260 A.D.2d 258 (1999)

690 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RADAMES VARGAS, Appellant.

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

Decided April 20, 1999.

The court properly exercised its discretion in substituting a sworn juror, over defendant's objection, after making an appropriate inquiry (see, People v Page, 72 N.Y.2d 69, 73). The juror was rendered unavailable by the fact that continued service would have caused him serious and unavoidable hardship rather than mere inconvenience, and the substitution was further justified as it occurred at a relatively early stage of the trial...

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