← Cases

People v. Graves

243 A.D.2d 275 Court N.Y. App. Div. Decision date 1997-10-07 English

Contents

Majority

p. 275
The People of the State of New York, Respondent, v Ronnie Graves, Appellant.
[662 NYS2d 319]

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March 20, 1995, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

After conducting a suitable inquiry as to the juror’s avail

p. 276
ability, the court properly exercised its discretion in discharging a sworn juror who was unavailable or unable to continue to serve due to illness (see, People v Page, 72 NY2d 69 ), since the juror could not advise when she would be available (see, People v Velazquez, 211 AD2d 471 , lv denied 85 NY2d 915 ; People v Cook, 176 AD2d 209 , lv denied 79 NY2d 825 ). Concur—Milonas, J. P., Rubin, Tom, Andrias and Colabella, JJ.

Cases cited