Opinion
May 27, 1997
Appeal from the Supreme Court, Kings County (Wade, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
We agree with the defendant that the trial court committed reversible error in discharging a sworn juror following the conclusion of all testimony. It is well settled that a defendant has a constitutional right to be tried by a jury in whose selection he has had a voice (see, People v. Page, 72 N.Y.2d 69; People v. Buford, 69 N.Y.2d 290). Here, the trial court prematurely discharged a sitting juror because she was scheduled to attend a discretionary conference some two days hence. The record fails to establish that the juror was unavailable for continued service at the time of her discharge, or that the court sufficiently considered reasonable alternatives to her discharge (see generally, CPL 270.35; People v. Wright, 174 A.D.2d 522; People v. Rosa, 138 A.D.2d 753). Under these circumstances, a new trial is required.
In view of the foregoing, we do not consider the defendant's remaining contention.
Bracken, J.P., Ritter, Sullivan and Pizzuto, JJ., concur.