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PEOPLE v. DAVIS

292 A.D.2d 168 (2002)

738 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DAVIS, Appellant.

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

Decided March 5, 2002.

The court properly exercised its discretion in discharging a selected but unsworn juror whose late arrival would have unduly prolonged the trial. Since defendant consented to a delay in swearing the selected jurors, he agreed to create a category of jurors, i.e., selected but unsworn jurors, about which the Criminal Procedure Law is silent as to criteria for discharge (see, People v Velez, 255 A.D.2d 146...

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