PEOPLE v. MEBANE


70 A.D.3d 724 (2010)

894 N.Y.S.2d 105

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT MEBANE, Appellant.

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

Decided February 2, 2010.


Ordered that the amended judgment is affirmed.

The County Court properly discharged a juror just prior to opening statements, over the defendant's objection, on the ground of "illness or other incapacity" (CPL 270.35 [1]), since the juror was in her final month of pregnancy and, under the particular circumstances of this case, continued service would have posed a hardship to her (see People v Parson, 268 A.D.2d 208, 209 ...

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