Majority
p. 348The People of the State of New York, Respondent, v Miguel Rodriguez, Appellant. [696 NYS2d 681]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marras, J.), rendered April 10, 1997, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
During the trial which lasted more than five weeks, a sworn juror became unavailable for continued service by reason of illness (see, CPL 270.35). The court conducted a reasonably thorough inquiry and recited on the record the facts and reasons for the dismissal, as required (see, People v Page, 72 NY2d 69 , 73; People v O’Connor, 222 AD2d 705 ).
p. 349
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 , 86).
The defendant’s remaining contentions are without merit. S. Miller, J. P., Sullivan, Altman and McGinity, JJ., concur.
Cases cited
- People v. Page 72 NY2d 69 at 73 p. 348
- People v. O'Connor 222 AD2d 705 p. 348
- People v. Suitte 90 AD2d 80 at 86 p. 349