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PEOPLE v. FRANCE

265 A.D.2d 424 (1999)

697 N.Y.S.2d 628

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANNON FRANCE, Appellant.

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

Decided October 12, 1999.

Ordered that the judgment is affirmed.

The defendant's contention that the court improperly discharged a sworn juror in the midst of jury selection is unpreserved for appellate review. In any event, the court's discharge of the juror on the ground that she was unavailable due to her school obligations was not an improvident exercise of discretion (see, CPL 270.35; see generally, People v Page, 72 N.Y.2d 69). The juror...

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