Opinion
May 7, 1996
Appeal from the Supreme Court, New York County, Harold Rothwax, J., Jay Gold, J.
The trial court properly discharged a juror, over objection, as grossly unqualified (CPL 270.35), after ascertaining that she was preoccupied with the health of her son, who had suffered a severe asthma attack the night before, requiring emergency room treatment, and whose condition had not improved because his medication was not working ( see, People v. Serrano, 203 A.D.2d 99, lv denied 83 N.Y.2d 915). A one-day adjournment was not a viable option, the court having been advised by the juror that the duration of her son's illness was not ascertainable. We also note that the juror's discharge occurred at an early stage of the trial ( see, People v. DeMatteis, 186 A.D.2d 460, 461, lv denied 81 N.Y.2d 969).
Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Mazzarelli, JJ.