People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN JONES, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 22, 1998

253 A.D.2d 665 (N.Y. App. Div. 1998)

677 N.Y.S.2d 463

Opinion

September 22, 1998

Appeal from the Supreme Court, New York County (James Leff, J.)

The court properly exercised its discretion in discharging a sworn juror who was unavailable or unable to continue to serve due to illness ( see, People v. Page, 72 N.Y.2d 69), since it could not be definitively determined when the juror would be available ( see, People v. Graves, 243 A.D.2d 275, lv denied 91 N.Y.2d 834; People v. Velazquez, 211 A.D.2d 471, lv denied 85 N.Y.2d 915) and since witnesses and other jurors would be inconvenienced by the delay at the late stage of these proceedings.

Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.