Ordered that the judgment is reversed, on the law, and as a matter of discretion in the interest of justice, and a new trial is ordered.
Under the circumstances presented, the Supreme Court improvidently exercised its discretion in discharging a sworn juror (see CPL 270.35). The juror was merely scheduled for a future medical examination, but was not unavailable at the time of the discharge. Further, in this case, the juror's observance of the Jewish sabbath...
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