PEOPLE v. ROBINSON


37 A.D.3d 623 (2007)

828 N.Y.S.2d 818

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID ROBINSON, Appellant.

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

Decided February 13, 2007.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in replacing a sworn juror on the ground of illness. The record shows that the court made a "reasonably thorough inquiry" (CPL 270.35 [2] [a]) into the juror's unavailability, afforded the parties the opportunity to be heard, and placed the facts and reasons for its determination on the record (see CPL 270.35 [2] [b]; People...

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