Opinion
April 6, 1992
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed.
The trial court properly exercised its discretion in discharging, prior to the commencement of trial, a sworn juror who had asked to be excused because his father, who was in the hospital and had just been diagnosed as having cancer and a broken hip, was to undergo surgery the following day and there was uncertainty as to whether he would survive the surgery. Although it would have been preferable for the trial court to have conducted a more detailed inquiry of the juror's inability to serve (see, People v Page, 72 N.Y.2d 69; People v Garry, 176 A.D.2d 145; People v Allen, 163 A.D.2d 396), we conclude that the court was warranted in determining that the juror was "unavailable for continued service" within the meaning of the statute (CPL 270.35; see, People v Moore, 177 A.D.2d 653; People v Velasquez, 171 A.D.2d 825; People v McDonald, 143 A.D.2d 1050).
The defendant's Batson claim (see, Batson v Kentucky, 476 U.S. 79) is unpreserved for appellate review inasmuch as defense counsel did not make a formal Batson objection, but only requested that "the record * * * reflect [that the prospective juror] is a black woman" and did not move for a hearing, a ruling, an explanation, or a mistrial (see, People v Campanella, 176 A.D.2d 813; People v Steans, 174 A.D.2d 582; People v Rosado, 166 A.D.2d 544).
The defendant's remaining claims are either unpreserved for appellate review or without merit. Sullivan, J.P., Balletta, Lawrence and Santucci, JJ., concur.