Opinion
2002-01911.
Decided May 24, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered February 28, 2002, convicting him of burglary in the second degree and attempted burglary in the second degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (Michael C. Taglieri of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Before: NANCY E. SMITH, J.P., SONDRA MILLER, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
As the People correctly concede, the Supreme Court erred in discharging a sworn juror on the ground that she was unavailable for continued service ( see CPL 270.35[a]; People v. Jeanty, 94 N.Y.2d 507; People v. Guerrero, 221 A.D.2d 465, 466).
In light of our determination, the defendant's remaining contention has been rendered academic.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.